Our Analysis
66. Right of a widow or daughter to inherit the self-acquired property or share received in partition of a coparcenary property of a Hindu male dying intestate is well recognized not only under the old customary Hindu Law but also by various judicial pronouncements and thus, our answer to the question Nos. 1 and 2 are as under :-
“If a property of a male Hindu dying intestate is a self-acquired property or obtained in partition of a co-parcenery or a family property, the same would devolve by inheritance and not by survivorship, and a daughter of such a male Hindu would be entitled to inherit such property in preference to other collaterals.”
67. In the case at hands, since the property in question was admittedly the self-acquired property of Marappa Gounder despite the family being in state of jointness upon his death intestate, his sole surviving daughter Kupayee Ammal, will inherit the same by inheritance and the property shall not devolve by survivorship.
Supreme Court
JUSTICE S. ABDUL NAZEER JUSTICE KRISHNA MURARI
ARUNACHALA GOUNDER (DEAD) BY LRS. Vs. PONNUSAMY AND ORS.
CIVIL APPEAL NO. 6659 OF 2011
20th January 2022
Author: KRISHNA MURARI, J.
Citation: 2022 ALL SCR (ONLINE) 59.
Read full Judgment here: Click here
No comments:
Post a Comment