THIMMAIAH AND ORS. versus NINGAMMA AND ANR.

THIMMAIAH AND ORS. versus NINGAMMA AND ANR.

A gift of coparcenary property to an unmarried daughter by the Karta without consent of all coparceners is invalid under Hindu Law, and the Mysore Act is superseded by Section 6 of the Hindu Succession Act, 1956 for purposes of succession; the scope of second appeal is limited to substantial questions of law.

Parties
Appellant: Thimmaiah; Respondent: Ningamma; Respondent: D
Jurisdiction
India
Judgment Date
25 August 2000
Procedural Posture
Civil Appeal / Supreme Court Appeal From Karnataka High Court Judgment in R.s.a. No. 116 of 1981
Outcome
appeal partly allowed
Legal Topics
Devolution of Coparcenary Property, Partition, Validity of Gifts, Unmarried Daughter's Share, Override of Regional Statutes by Hindu Succession Act, Interference in Second Appeal
Hindu Law Succession Civil Procedure Devolution of Coparcenary Property Partition Validity of Gifts Unmarried Daughter's Share Override of Regional Statutes by Hindu Succession Act +1 more

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Parties

Thimmaiah

Appellant

Ningamma

Respondent

D

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Karnataka High Court Judgment in R.s.a. No. 116 of 1981

Legal Issues

  1. 1 Whether the gift of coparcenary property to the unmarried daughter by the deceased Karta was valid under Hindu Law
  2. 2 Whether the Mysore Hindu Law Women's Rights Act, 1933, applies after the Hindu Succession Act, 1956
  3. 3 Scope of High Court's interference in second appeal on questions of fact

Ratio Decidendi

A gift of coparcenary property to an unmarried daughter by the Karta without consent of all coparceners is invalid under Hindu Law, and the Mysore Act is superseded by Section 6 of the Hindu Succession Act, 1956 for purposes of succession; the scope of second appeal is limited to substantial questions of law.

Court Disposition

appeal partly allowed

Orders

  • Items 3 to 6 of the Schedule are available for partition as coparcenary property according to shares declared by the High Court.
  • There will be no order as to costs.