Niyam v2 is live — start for just ₹100 — 200 credits to try

january 1969

Supreme Court of India · 1969-01-09

MUDIGOWDA GOWDAPPA SANKH & ORS. vs RAMCHANDRA RAVAGOWDA SANKH & ANR.

Citation / case number
SC 1966/60384
Court
Supreme Court of India
Petitioner
MUDIGOWDA GOWDAPPA SANKH & ORS.
Respondent
RAMCHANDRA RAVAGOWDA SANKH & ANR.
Bench
RAMASWAMI

Judgment text excerpt

The Supreme Court held that the partition deed executed by two brothers was a sham transaction intended to deprive the widows of A's family of their maintenance rights. The Court emphasized that a mere pretence of severance does not constitute a legal separation of joint family status, as established in Merla Ramanna v. Chelikani Jagannadha Rao, A.I.R. 1941 P.C. 48. The Court found that the income from the joint family nucleus was sufficient to support later acquisitions, thus affirming the trial court's decree that the partition deed was fraudulent and not genuine.

MUDIGOWDA GOWDAPPA SANKH & ORS. vs RAMCHANDRA RAVAGOWDA SANKH & ANR. · Niyam