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Supreme Court of India 2017-04-06 allowed

Ram Nath Sao @ Ram Nath Sahu since deceased Thr. L.Rs. & Ors vs Goberdhan Sao since deceased Thr. Lrs. & Ors

Bench: 2 — Ranjan Gogoi

In Brief

A widow and her children of a deceased coparcener sought partition of joint family property against children of the deceased's second wife. The court held that under the Hindu Women's Rights to Property Act, 1937, the widow acquired a share upon her husband's death in 1940, though it remained undetermined pending partition. After applying a notional partition under Section 6 of the Hindu Succession Act, 1956, triggered by the son's death in 1961, the court calculated that the appellants (children of the first wife and related heirs) were entitled to 38.1% of the joint property, not 37.5% as the lower courts had decreed. The appeal was allowed with this upward modification.

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Hindu Law Family Law Joint Family Property Partition Succession Women's Rights to Property Mitakshara Coparcenary Devolution of Property

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