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february 1977

Supreme Court of India · 1977-02-07

BAI NANI & OTHERS vs MANILAL LALLUBHAI & ORS.

Citation / case number
SC 1968/60425
Court
Supreme Court of India
Petitioner
BAI NANI & OTHERS
Respondent
MANILAL LALLUBHAI & ORS.
Author
P.S. KAILASAM
Bench
P.S. KAILASAM

Judgment text excerpt

The Supreme Court addressed the partition of property under the Hindu Succession Act and the Hindu Women’s Right to Property Act, 1937. It held that the plaintiffs were entitled to a half share in the suit house, despite the absence of a specific claim regarding separation and heirship, as Bai Kashi's limited interest under the 1937 Act did not convert into full ownership under the 1956 Act. The Court confirmed that the parties were governed by the Mayukh school of law, which supersedes the Mitakshara school, allowing for the inheritance of property by the plaintiffs after Bai Kashi's death. The appeal was partly allowed, affirming the lower court's findings regarding the plaintiffs' entitlement to the property.

BAI NANI & OTHERS vs MANILAL LALLUBHAI & ORS. · Niyam