Supreme Court of India · 2023-08-28
M.SIVADASAN (DEAD) THROUGH LRS. vs A.SOUDAMINI (D) THROUGH LRS AND OTHERS
- Citation / case number
- SC 2009/13560
- Court
- Supreme Court of India
- Petitioner
- M.SIVADASAN (DEAD) THROUGH LRS.
- Respondent
- A.SOUDAMINI (D) THROUGH LRS AND OTHERS
- Author
- HON'BLE MR. JUSTICE C.T. RAVIKUMAR
- Bench
- HON'BLE MR. JUSTICE SUDHANSHU DHULIA HON'BLE MR. JUSTICE C.T. RAVIKUMAR
Judgment text excerpt
The Supreme Court examined the rights of the Thiyya community in Kerala regarding ancestral property, particularly focusing on the customary laws governing inheritance prior to the Hindu Succession Act, 1956. The case involved a suit for partition that was dismissed by lower courts on the grounds that the land was agricultural and the plaintiffs had no claim. The Court upheld the judgments, emphasizing the customary inheritance rights of male children in the Thiyya community under Hindu Mitakshara law, and confirmed that daughters had only maintenance rights until marriage. The Court's decision reinforced the importance of customary laws in determining property rights in specific communities.