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march 1965

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.

KARPAGATHACHI AND ORS. vs NAGARATHINATHACHI · Niyam