L. Gowramma (D) by Lrs. Vs. Sunanda (D) By Lrs. & Anr.
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Head Note
Civil Law - Hindu Law Womens Rights
Hindu Law Women's Rights Act, 1933 (Mysore Act No.X of 1933), Section 10(1)(g) - Joint Family Property - Coparceners -Inheritance - Entitlement of certain females to shares at partition -In order that Section 10(1)(g) apply, first and foremost the property referred to is "stridhana" which is defined as property of every description belonging to a Hindu female other than property in which she has by law or under the terms of an instrument only a limited estate - Under Section 10(1)(g) it is only property taken by inheritance by a female from her husband that is included in stridhana - This would not include the unmarried daughters as property taken by inheritance by a female from her father is not included.
Civil Law - Hindu Law Womens Rights
Hindu Law Women's Rights Act, 1933 (Mysore Act No.X of 1933), Sections 4, 8 - Joint Family Property - Coparceners - Entitlement of certain females to shares at partition - Various females mentioned in the Section 8 of the Act, 1933 would be entitled to a share of joint family property in the circumstances mentioned therein - Under Sections 8(1)(a) to 8(1)(c) there has necessarily first to be a partition in the circumstances mentioned in each of the said sub-sections whereas under sub-section (d) what is required is that joint family properties should pass to a single coparcener by survivorship - If this condition of sub-clause (d) is met, then all the women mentioned in sub-clauses (a) to (c) would be entitled to a share therein.
Civil Law - Hindu Law Womens Rights
Hindu Law Women's Rights Act, 1933 (Mysore Act No.X of 1933), Sections 4, 8 - Joint Family Property - Coparceners - Entitlement of certain females to shares at partition -A partition of joint family property among brothers is expressly mentioned in Section 8(1)(b) - Therefore, upon partition of joint family property between 'T' and his older brother, it is only their mother, their unmarried sisters and widows and unmarried daughters of their pre-deceased undivided brothers who have left no male issue who get a share under the Section - Unlike sub-section (a), unmarried daughters of 'T' do not get any share at the partition between 'T' and his brother.
Civil Law - Hindu Law Womens Rights
Hindu Law Women's Rights Act, 1933 (Mysore Act No.X of 1933), Sections 4, 8(1)(d) and 10 - Inheritance - Order of Succession - Entitlement of certain females to shares at partition - Plea on behalf of the appellant that the applicable Section of the 1933 Act is Section 4, and not Sections 8 and 10, and accordingly the succession of a Hindu male dying intestate vests property only in the widow to the exclusion of the daughters and hence the plaintiff's suit should have been dismissed on this ground upheld - Held that the succession to a Hindu male dying intestate will vest only in the widow under Section 4(1)(ii) to the exclusion of the daughters who are mentioned in a subsequent clause i.e. clause (iii) by virtue of the expression "in the following order" - Appeals will have to be allowed and the judgments of the courts below liable to be set aside.
Topic(s)-Joint Family Property - Coparceners - Law specially related to female clarified