Supreme Court of India · 1978-04-27
GURUPAD KHANDAPPA MAGDUM vs HIRABAI KHANDAPPA MAGDUM AND ORS.
- Citation / case number
- SC 1975/60452
- Court
- Supreme Court of India
- Petitioner
- GURUPAD KHANDAPPA MAGDUM
- Respondent
- HIRABAI KHANDAPPA MAGDUM AND ORS.
- Author
- Y.V. (() CHANDRACHUD
- Bench
- Y.V. ((CJ) CHANDRACHUD
Judgment text excerpt
The Supreme Court held that Section 6 of the Hindu Succession Act, 1956, governs the devolution of a male Hindu's interest in Mitakshara property at death, establishing that the share of the deceased must be determined as if a partition had occurred immediately before death. The Court clarified that the fiction created by Explanation I must be fully applied to ascertain the heirs' shares, leading to the conclusion that the plaintiff was entitled to a 7/24th share. The previous judgment in Shiramabai Bhimgonda v. Kalgonda was overruled, affirming the new calculation of shares based on the statutory provisions.