VidhiSangh

Supreme Court of India · 11/08/2022

GITABAI MARUTI RAUT (DEAD) THROUGH LR. & ORS. versus PANDURANG MARUTI RAUT (DEAD) THROUGH LRS. & ORS.

[2022] 6 S.C.R. 1068 · 2022 INSC 817

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Summary

The second widow of Maruti sued for partition of family properties against his children by both marriages. The courts below held that land at Nande, bought by the eldest son after Maruti's death, was not joint family property. On land at Pirangut, the Bombay High Court accepted that it was bought by Maruti's brother and gifted to the eldest son. The Court held that the High Court misread the evidence. A 1961 memorandum of partition among the four brothers, the 1970 mutation and a surviving brother's testimony showed Pirangut was ancestral land partitioned among the brothers. The eldest son held Maruti's share as karta, and no gift deed existed, so an oral gift of immovable property was untenable. Applying Vineeta Sharma, the widow and all nine children, daughters included, take equal one-tenth shares, and the appeal was allowed.

Issues

  1. Whether land at Pirangut was joint family ancestral property in which Maruti's heirs had a share, or the separate property of his brother gifted to Maruti's eldest son.
  2. Whether land at Nande, purchased by the eldest son after Maruti's death, was joint family property.

Held

Result

Appeal allowed. A preliminary decree is granted for the Pirangut and Lavale properties in one-tenth shares, with the parties to seek a final decree from the competent court; the finding on Nande stands.

Judgment PDF: Supreme Court of India, [2022] 6 S.C.R. 1068.