Supreme Court of India · 1963-03-04
LAKKIREDDI CHINNA VENKATA REDDI vs LAKKIREDDI LAKSHMAMA
- Citation / case number
- SC 1961/233
- Court
- Supreme Court of India
- Petitioner
- LAKKIREDDI CHINNA VENKATA REDDI
- Respondent
- LAKKIREDDI LAKSHMAMA
- Bench
- SHAH, J.C.
Judgment text excerpt
The Supreme Court held that a suit for partition of joint family property initiated by a minor can be continued by his legal representative after the minor's death, as the right claimed is in property and devolves upon death. The Court clarified that the institution of the suit, not the decree, effects severance of joint property. Additionally, it was determined that there was no evidence of Butchi Tirupati surrendering his interest in property devised under a will, thus affirming the mother's entitlement to a share in the property. The ruling establishes that separate property can be impressed with joint family character if intentionally blended with joint family assets.