VidhiSangh

Supreme Court of India · 22/11/2024

RAMACHANDRAN & ORS. versus VIJAYAN & ORS.

[2024] 11 S.C.R. 1013 · 2024 INSC 885

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Summary

Resolving a split in the Kerala High Court Full Bench in Mary Cheriyan, the Supreme Court held (prospectively) that property obtained on partition by a single Marumakkathayam female with no children is her separate property and not tharwad property. On the facts, however, the suit property was allotted to a group (a mother and her children forming a thavazhi), which all judges agreed holds it as tharwad property, so the partition decree was affirmed.

Issues

  1. Whether property obtained on partition by a Marumakkathayam female (alone, or with her children) is her separate property or retains the character of tharwad property.
  2. Whether item No.1 property, allotted to the branch of Parukutty Amma and her children in a 1950 partition, was co-ownership property or thavazhi/tharwad property.
  3. Whether item No.2 property, transferred by Parvathy Amma under a mortgage deed to Parukutty Amma and her children, was putravakasam property of Padmanabhan, and whether the concurrent findings on it warranted interference under Article 136.

Provisions considered

Held

Result

Appeal dismissed; preliminary decree for partition passed by the Trial Court and affirmed by the High Court upheld, with the Trial Court to proceed further; the declaration of law operates prospectively; no costs.

Judgment PDF: Supreme Court of India, [2024] 11 S.C.R. 1013.