Case Details

Citation(s)
1987 SLG 2858 1987 SLD 2858 (1987) 163 ITR 31
Supreme Court of India

R.B. MISRA, JJ.

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State of Maharashtra

v.

Narayan Rao Sham Rao Deshmukh

Law:

Section:

Section 6 of the Hindu Succession Act, 1956 read with section 2(11) and proviso to section 6 of the - one 'SR', his son 'NR', wife 'SB' and mother 'GB' were members of a joint hindu family governed by mitakshara school of law - SR died on 15-6-1957 and on his death his interest in coparcenary property devolved on his son, wife and mother, in equal shares under section 6 of the hindu succession Act, such interest being share that would have been allotted to him if a partition of family had taken place immediately before his death, though NR, SB and GB continued to live together enjoying family properties as before - Whether in view of fact that no action was taken by either of two females to become divided from remaining members of family, it could be said that after inheriting SR's share, surviving members of said family ceased to hold family property as members of one family - held , on facts, no - Whether NR, SB and GB were each entitled to retain one unit of ceiling area under Maharashtra Agricultural Land (ceiling on holdings) Act, 1961 - Held, no - Whether NR, SB and GB were joint in estate and constituted one family within meaning of said ceiling act and, therefore, family could not hold agricultural land in excess of one unit of ceiling area - held, yes FACTS One SR, his son NR, his wife SB and his mother GB were members of a joint Hindu family governed by the Mitakshara School of law. The said family owned extensive properties which included agricultural lands. SR died on 15-6-1957 and on his death his interest in the coparcenry property devolved on his son, wife and mother, i.e., the respondents, in equal shares, under section 6 of the Hindu Succession Act, 1956, such interest being the share that would have been allotted to him if a partition of the family property had taken place immediately before his death irrespective of whether he was entitled to claim partition or not. According to the law governing the above family, which was governed by the Bombay School under which the mother was also entitled to a share at a partition between her husband and her son equal to that of her son, one-third share in the family property could have been allotted to…
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