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august 1967

Supreme Court of India · 1967-08-07

NAGENDRA PRASAD vs KEMPANANJAMMA

Citation / case number
SC 1966/60131
Court
Supreme Court of India
Petitioner
NAGENDRA PRASAD
Respondent
KEMPANANJAMMA
Bench
BHARGAVA, VISHISHTHA

Judgment text excerpt

The Supreme Court interpreted Clause (d) of sub-section (1) of Section 8 of the Hindu Law Women’s Rights Act, 1933, which provides that when joint family property passes to a sole surviving male heir, female relatives entitled to maintenance can claim a share. The Court held that there is no need to assume a partition between the penultimate coparcener and the sole survivor for the application of Clause (d). The judgment affirmed the rights of female relatives, including grandmothers, to share in the property, thereby upholding the trial court's decree and the High Court's decision.

NAGENDRA PRASAD vs KEMPANANJAMMA · Niyam