Supreme Court of India · 2006-09-18
ANAR DEVI vs PARMESHWARI DEVI .
- Citation / case number
- SC 2004/12902
- Court
- Supreme Court of India
- Petitioner
- ANAR DEVI
- Respondent
- PARMESHWARI DEVI .
- Author
- P.P. NAOLEKAR B.N. AGRAWAL
- Bench
- P.P. NAOLEKAR B.N. AGRAWAL
Judgment text excerpt
The Supreme Court addressed the partition of ancestral property under Section 6 of the Hindu Succession Act, 1956, clarifying that the interest of a deceased male Hindu in a Mitakshara coparcenary property devolves by survivorship unless there are female heirs specified in Class I of the Schedule. The Court held that the trial court's ex-parte decree granting one-third share to each plaintiff was erroneous, as they were entitled to one-sixth share each. The appellate authority's decision to reverse the trial court's decree was upheld, confirming the plaintiffs' rightful shares in the ancestral property.