V.K Surendra Vs V.K Thimmaiah and others

Hindu succession Act

Question Involved in this Case:

• Under what circumstances a Property will be treated as "Joint family Property" or "Self Acquired property" of Karta
• Whether Karta can gift or transfer under will a Joint family Property without consent of coparceners
• Mechanism for Allocation of shares to coparceners including the share of predeceased Karta itself under Hindu Succession Act

Facts of the Case was that a suit was filed for partition and separate possession of 1/10th share in suit schedule properties by metes and bounds and also sought for an enquiry under Order 20 Rule 12 CPC to ascertain mesne profits by Plaintiff who was the second daughter of late Karta. Defendants were the sons, other daughters and also son of first daughter of the late Karta . Plaintiff, claimed that Property is self- acquired property of Late Karta and hence her entitled to 1/10th share while one set of defendants claimed that property is joint ancestral properties and they are entitled to 1/5th share. On the other hand one appellant defendant claimed that entire property being self -acquired was bequeathed in his favour by Karta under a will of 1991.

Supreme Court held that :

• In absence of any division in the family, a joint family continues as joint family and in such a situation burden to prove that properties purchased by Karta were not joint family property but self- acquired properties lies on the person claiming so
• A Karta has no right to change the character of joint family properties by transferring the same under a will or a gift without consent of other coparceners.
• Land purchased by Karta out of money received from sale of ancestral lands, are ancestral properties and not self acquired properties
• In the Light of Section 6 and Section 8 of the Hindu Succession Act, 1956 : Shares of coparceners in predeceased Karta's share in joint family comprising Karta and 9 coparceners, 4 sons and 5 daughters or person claiming under daughter- IN such circumstances, Karta himself entitled to 1/5th share of total properties and out of 1/5th share of Karta, Karta's 4 sons, held entitled to 11/50th share each inclusive of their respective shares whereas 4 daughters including son of a predeceased daughter also entitled to 1/50th share each