NARASHIMAHA MURTHY versus SMT. SUSHEELABAI & ORS.

NARASHIMAHA MURTHY versus SMT. SUSHEELABAI & ORS.

Section 23 of the Hindu Succession Act applies even if there is only a sole surviving male heir, and female heirs' right to partition is deferred during his lifetime. However, if the dwelling house is tenanted and no longer exclusively occupied by family members, Section 23 does not protect it as impartible. The right to partition is thus maintainable where tenancy is created by a male heir, and plaintiff's suit for partition cannot be resisted under Section 23.

Parties
Appellant/defendant: Narashimaha Murthy; Respondent/plaintiff: Smt. Susheelabai; Defendants: Four Sisters; Defendant: Tenant (Seventh Defendant)
Jurisdiction
India
Judgment Date
17 April 1996
Procedural Posture
Civil Appeal / Final Judgment/appeal Dismissed
Outcome
Appeal dismissed
Legal Topics
Section 23 Hindu Succession Act, Female Heir's Right to Partition, Dwelling House Definition, Tenancy and Partition, General Clauses Act Interpretation
Succession Law Hindu Law Property Law Section 23 Hindu Succession Act Female Heir's Right to Partition Dwelling House Definition Tenancy and Partition General Clauses Act Interpretation

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Parties

Narashimaha Murthy

Appellant/defendant

Smt. Susheelabai

Respondent/plaintiff

Four Sisters

Defendants

Tenant (Seventh Defendant)

Defendant

Procedural Posture

Civil Appeal / Final Judgment/appeal Dismissed

Legal Issues

  1. 1 Whether Section 23 of Hindu Succession Act applies when only one male heir survives
  2. 2 Whether dwelling house let out to tenants can be considered 'dwelling house' under Section 23
  3. 3 Female heirs' right to partition and residence

Ratio Decidendi

Section 23 of the Hindu Succession Act applies even if there is only a sole surviving male heir, and female heirs' right to partition is deferred during his lifetime. However, if the dwelling house is tenanted and no longer exclusively occupied by family members, Section 23 does not protect it as impartible. The right to partition is thus maintainable where tenancy is created by a male heir, and plaintiff's suit for partition cannot be resisted under Section 23.

Court Disposition

Appeal dismissed

Orders

  • Preliminary decree for partition in favour of plaintiff-respondent maintained
  • Trial court to partition properties bearing in mind the provisions of Partition Act