SUNDARI AND ORS. versus LAXMI AND ORS.

SUNDARI AND ORS. versus LAXMI AND ORS.

After the Hindu Succession Act, undivided interest of a Hindu governed by Aliyasantana law devolves on heirs under the Hindu Succession Act, not by survivorship or as per Aliyasantana Act. Share is deemed allotted absolutely per Section 7(2), and does not revert to Kutumba on death; devolution is by intestate succession.

Parties
Appellant: Sundari and Ors.; Respondent: Laxmi and Ors.
Jurisdiction
India
Judgment Date
28 August 1979
Procedural Posture
Civil Appeal / Appeal by Special Leave From Mysore High Court, Judgment Dated 13 8 1968 in C.r.p. No. 931/67
Outcome
Appeal dismissed
Legal Topics
Devolution of Property Under Aliyasantana Law, Inheritance Under Hindu Succession Act, Intestate Succession, Partition Proceedings
Succession Law Family Law Devolution of Property Under Aliyasantana Law Inheritance Under Hindu Succession Act Intestate Succession Partition Proceedings

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Parties

Sundari and Ors.

Appellant

Laxmi and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Mysore High Court, Judgment Dated 13 8 1968 in C.r.p. No. 931/67

Legal Issues

  1. 1 Whether the property allotted to 'nissanthathi kavaru' under Aliyasantana law devolves according to Aliyasantana Act or Hindu Succession Act
  2. 2 Effect of Hindu Succession Act, 1956 on Aliyasantana law's provisions regarding property devolution
  3. 3 Whether undivided interest in property devolves upon heirs under Hindu Succession Act

Ratio Decidendi

After the Hindu Succession Act, undivided interest of a Hindu governed by Aliyasantana law devolves on heirs under the Hindu Succession Act, not by survivorship or as per Aliyasantana Act. Share is deemed allotted absolutely per Section 7(2), and does not revert to Kutumba on death; devolution is by intestate succession.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • High Court judgment affirmed