SMT. SHYAMA DEVI AND ORS. versus MRS. MANJU SHUKLA AND ANR.

SMT. SHYAMA DEVI AND ORS. versus MRS. MANJU SHUKLA AND ANR.

Where a male Hindu dies intestate leaving female Class I heirs, Section 6 and its proviso of the Hindu Succession Act, 1956 applies; a notional partition is deemed to have taken place immediately before death, and the share so ascertained devolves by intestate succession on the widow, sons, and daughters equally, without reference to any family settlement or alleged will unless established in separate proceedings; lower courts to adjudicate shares strictly as per Section 6 and Supreme Court's prior directions.

Parties
Appellant: Smt. Shyama Devi; Respondent No. 1: Mrs. Manju Shukla; Respondent No. 2: Respondent No. 2
Jurisdiction
India
Judgment Date
12 September 1994
Procedural Posture
Civil Appeal / Appeal From High Court's Order on Civil Revision; Adjudication of Objections to Commissioner's Report in Partition Suit
Outcome
Appeals disposed of; Lower courts to adjudicate shares in accordance with Hindu Succession Act and Supreme Court's directions.
Legal Topics
Partition of Property, Intestate Succession, Coparcenary, Application of Section 6 Hindu Succession Act, 1956
Family Law Succession Law Partition of Property Intestate Succession Coparcenary Application of Section 6 Hindu Succession Act, 1956

Case Brief

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Parties

Smt. Shyama Devi

Appellant

Mrs. Manju Shukla

Respondent No. 1

Respondent No. 2

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal From High Court's Order on Civil Revision; Adjudication of Objections to Commissioner's Report in Partition Suit

Legal Issues

  1. 1 Determination of shares of legal representatives in coparcenary property on intestate death under Hindu Succession Act, 1956, Section 6
  2. 2 Applicability of family settlement in partition proceedings
  3. 3 Effect of preliminary decree and compromise on individual shares in coparcenary property

Ratio Decidendi

Where a male Hindu dies intestate leaving female Class I heirs, Section 6 and its proviso of the Hindu Succession Act, 1956 applies; a notional partition is deemed to have taken place immediately before death, and the share so ascertained devolves by intestate succession on the widow, sons, and daughters equally, without reference to any family settlement or alleged will unless established in separate proceedings; lower courts to adjudicate shares strictly as per Section 6 and Supreme Court's prior directions.

Court Disposition

Appeals disposed of; Lower courts to adjudicate shares in accordance with Hindu Succession Act and Supreme Court's directions.

Orders

  • Courts below directed to adjudicate shares of the legal representatives of Jamuna Prasad in accordance with the Hindu Succession Act, 1956 as directed by Supreme Court order dated 3.3.1992.
  • No order as to costs.