Supreme Court · 1965 INSC 63 · Decided 10 March 1965
Karpagathacid and ORS. v. Nagarathinathacid
- Court
- Supreme Court of India
- Citation
- 1965 INSC 63 · [1965] 3 S.C.R. 335
- Case number
- CIVIL APPEAL No. 998/1963
- Decided
- 10 March 1965
- Bench
- K. SUBBA RAO, J.C. SHAH, R.S. BACHAWAT (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 133; Transfer of Property Act Section 6(a)
Headnote
Hindu Law-Partition between co-widows-Whether right of survivorship can be relinquished-If repugnant to Transfer of Pro• perty Act, 1882 (4 of 1882) s. 6(a)-Onus. Two co-widows divided their husband's property and each entered into separate possession of her share. On the death of one of the share. The appellant the surviving widow filed a suit against '.he respondent claiming possEssion of that share. The Trial Court decreed the suit, which on appeal was set aside by the High Court. In appeal by certificate: HELD: (i) Under the Hindu Law the widows were competent to partition the
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