VidhiSangh

Supreme Court of India · 19/04/2018

MANGAMMAL @ THULASI AND ANR. versus T.B. RAJU AND ORS.

[2018] 6 S.C.R. 776 · 2018 INSC 372

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

In this 2018 decision, the Supreme Court denied the daughters coparcenary status under the Tamil Nadu 1989 amendment because they had married before its commencement, but recognised their succession shares through their parents. It calculated each daughter’s share at one-sixth and the son’s at two-thirds. Completed sales were protected, with the daughters’ corresponding entitlement recoverable from their brother in money or equivalent property with specified interest. The appeal was partly allowed. This headnote records the judgment’s historical reasoning, including its reliance on Prakash v. Phulavati.

Issues

  1. Whether the daughters qualified under the Tamil Nadu 1989 coparcenary amendment as interpreted in this judgment.
  2. Whether they nevertheless inherited shares through succession.
  3. How their entitlement affected completed third-party sales.

Provisions considered

Held

Result

Appeal partly allowed: daughters’ succession shares recognised and corresponding relief against their brother directed, while the specified completed sales remained undisturbed. Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2018] 6 S.C.R. 776.