VidhiSangh

Supreme Court of India · 10/12/2019

TRIJUGI NARAIN (DEAD) THROUGH LEGAL REPRESENTATIVES AND OTHERS versus SANKOO (DEAD) THROUGH LEGAL REPRESENTATIVES AND OTHERS

[2019] 16 S.C.R. 1049 · 2019 INSC 1344

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Summary

The Court held that a perpetual leasehold Nazul property acquired by the former ruler of Maihar formed part of his impartible estate, rather than coparcenary property. Loss of sovereignty and the Hindu Succession Act did not create previously nonexistent coparcenary rights in the property. The contrary presumption was not established merely by its location outside the princely State or its leasehold character. The ruler could dispose of it by will.

Issues

  1. Whether the property belonged to the ruler’s impartible estate or a joint-family coparcenary.
  2. Whether merger or the Hindu Succession Act converted it into coparcenary property.
  3. Whether its Nazul leasehold character and external location displaced the governing presumption.

Provisions considered

Held

Result

Appeals dismissed without costs. The High Court’s final findings that the property belonged to the impartible estate and could validly be bequeathed by Brij Nath Singh were affirmed.

Judgment PDF: Supreme Court of India, [2019] 16 S.C.R. 1049.