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august 2023

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.

M.SIVADASAN (DEAD) THROUGH LRS. vs A.SOUDAMINI (D) THROUGH LRS AND OTHERS · Niyam