Supreme Court of India · 1965-03-10
KARPAGATHACHI AND ORS. vs NAGARATHINATHACHI
- Citation / case number
- SC 1963/252
- Court
- Supreme Court of India
- Petitioner
- KARPAGATHACHI AND ORS.
- Respondent
- NAGARATHINATHACHI
- Bench
- BACHAWAT, R.S.
Judgment text excerpt
The Supreme Court ruled that under Hindu Law, co-widows can partition their husband's property and agree to relinquish their right of survivorship in the allotted shares, which is not contrary to Section 6(a) of the Transfer of Property Act, 1882. However, the right of survivorship remains unless there is clear evidence of such an agreement. In this case, the respondent failed to prove that the widows had relinquished their right of survivorship, leading to the upholding of the High Court's decision to set aside the Trial Court's decree in favor of the appellant.