LexL. GOWRAMMA (D) BY LR. versus SUNANDA (D) BY LRS. & ANR.
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A B [2016] l S.C.R. 256 L. GOWRAMMA (D) BY LR. v. SUNANDA (D) BY LRS. & ANR. (Civil Appeal Nos. 174-175 of 2016) JANUARY 12, 2016 [KURIAN JOSEPH AND R. F. NARIMAN, JJ.] Hindu Law Women's Rights Act, 1933 (Mysore Act No. X of 1933) - ss. 4, JO and 8 - Succession to Hindu male dying intestate - On facts, constitution of joint Hindu family between two brothers and wife of elder brother - Elder brother karta of the family - C Partition of joint family property between two brothers - Death of younger brother leaving behind his widow and three daughters - Execution of Will by widow-defendant no. 1 bequeathing her share in joint property in favour of only one of her daughters - Suit by other daughter against her mother-defendant no. 1, her sisters and D a purchaser who bought some property from her mother - Claim as regards her share in the property - Trial court applying s. 10(2)(g) held that the plaintiff entitled to w• share in the scheduled properties and decreed the suit - First appeal by defendant no. 1, dismissed - Review petition also dismissed applying s. 8(1 )( d) - On appeal, E held: Succession to a Hindu male dying intestate would vest only in the widow u/s. 4( 1 )(ii) to the exclusion of the daughters - Judgments of the courts below set aside. Allowing the appeals, the Court HELD: 1.1 A partition of joint family property among F brothers is expressly mentioned in Section S(l)(b) of the Hindu Law Women's Rights Act, 1933 (Mysore Act No. X of 1933). Therefore, upon partition of joint family property between 'T' and his older brother, it is only their mother, their unmarried sisters and widows and unmarried daughters of their pre- deceased undivided brothers who have left no male issue who G would get a share under the Section. Unlike sub-section (a), unmarried daughters of 'T' do not get any share at the partition between 'T' and his brother. [Para 18] [265-C-DJ 1.2 Under Section lO(l)(g) it is only property taken by inheritance by a female from her husband that is included in H stridhana. This would not include the unmarried daughters as 256 L. GOWRAMMA (D) BY LR. v. SUNANDA (D) BY LRS. 257 property taken by inheritance by a female from her father Is not A included. The succession to a Hindu male dying intestate would vest only in the widow under Section 4(1)(ii) to the exclusion of the daughters who are mentioned In a subsequent clause I.e. clause (iii) by virtue of the expression ''in the following order". The judgment of the courts below Is set aside and the suit would B be dismissed as a consequence. [Para 19, 20] (265-F-G] Byamma v. Ramdev ILR 1991 KAR 3245; Sathyaprema Manjunatha Gowda (Smt) v. Controller of Estate Duty, Karnataka (1997) 10 SCC 684: 1997 (3) SCR 86; Nagendra Prasad v. Kempananjamma 1968 1 SCR 124; Smt. Ramakka and others v. Smt. Thanamma since deceased by LR, P. Srinivas and Others ILR 2014 Karnataka 1335 - Referred to. Case Law Reference I.L.R. 1991 KAR 3245 Referred to. Para 11 1997 (3) SCR 86 Referred to. Para 12,13 1968 1 SCR 124 Referred to. Para 15 ILR 2014 Karnataka 1335 Referred to. Para 17 c D CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 174- E 175 of2016 From the Judgment and Order dated 05.08.2005 and 24.11.2007 of the High Court of Karnataka at Bangalore in R.F.A. No. 915 of 2005 and in Review Petition No. 712 of 2005 in R.A.A. No. 915 of 2005. R. S. Hegde, Shanti Prakash, Rajeev Singh for the Appellants. S. N. Bhat for the Respondents. The Judgment of the Court was delivered by R. F. NARIMAN, J. 1. Delay condoned in filing the special leave petitions. 2. Leave granted. 3. These appeals raise an interesting question on the true construction of some of the provisions of the Hindu Law Women's Rights Act, 1933 (Mysore Act No.X of 1933). One Venkatsubbaiah had two F G H 258 A B c SUPREME COURT REPORTS [2016] l S.C.R. sons Mahabalaiah and Thimmappa. After the death of Venkatsubbaiah, the two sons and the wife of Mahabalaiah constituted a joint Hindu family. Mahabalaiah being the elder brother was the Karta of the said family. In the year 1940-1941, Mahabalaiah and Thimmappa partitioned and divided their joint family properties and got possession of their respective shares. Tltimmappa died on 9.10.1952, leaving behind him his widow one Gowrarnma and three daughters. The widow has executed a will on 9.5.1990 bequeathing her share in the joint family property in favour of only one of
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