Darubai & Anr. Vs Kamalabai & Ors. (Supreme Court of India)
SC order – after the Hindu Succession Act, 1956, inheritance under Section 8 creates individual ownership rights and not coparcenary rights- The doctrine of survivorship and Karta’s power over joint family property have no application where heirs inherit as tenants-in-common.
Key Issue Involved:
Nature of succession under Section 8 of the Hindu Succession Act, 1956 – Whether heirs inherit as tenants-in-common or as joint tenants, and whether a widow can act as Karta and alienate inherited property on grounds of legal necessity.
Brief Facts:
Dajiba died intestate leaving behind his widow Darubai and four daughters. The daughters filed a suit for partition and separate possession claiming their shares in the property. Darubai (step-mother) contended that she had sold part of the property to meet legal necessity, namely the marriage expenses of one daughter.
The Trial Court decreed the suit in favour of the daughters.
The First Appellate Court upheld the sale on the ground of legal necessity.
The High Court restored the Trial Court judgment.
Darubai approached the Supreme Court challenging the High Court decision.
SC Observations:
On these facts the Supreme Court was called upon to decide Whether property inherited by heirs under Section 8 of the Hindu Succession Act is held:
