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april 1978

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.

GURUPAD KHANDAPPA MAGDUM vs HIRABAI KHANDAPPA MAGDUM AND ORS. · Niyam