VidhiSangh

Supreme Court of India · 20/01/2022

ARUNACHALA GOUNDER (DEAD) BY LRS. versus PONNUSAMY AND ORS.

[2022] 1 S.C.R. 269 · 2022 INSC 74

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Summary

A Hindu male died intestate in 1949 owning separate property, which his sole surviving daughter inherited in preference to collateral relatives. The family’s joint status did not turn his admitted separate acquisition into coparcenary property. When the daughter died issue less in 1967, the Hindu Succession Act governed further devolution. The Court recognised the claimed one-fifth shares, set aside dismissal of the partition suit and directed a preliminary decree.

Issues

  1. Whether the sole daughter inherited her father’s separate property when succession opened before the Hindu Succession Act.
  2. How the inherited property devolved when the daughter died issue less after the Act commenced.

Provisions considered

Held

Result

Appeal allowed; dismissal decrees set aside and partition suit decreed; preliminary decree directed, with no order as to costs.

Judgment PDF: Supreme Court of India, [2022] 1 S.C.R. 269.