Supreme Court · 1995 INSC 328 · Decided 2 May 1995

Padmavathy Amma v. Ammunni Panicker and ANR.

Court
Supreme Court of India
Citation
1995 INSC 328 · [1995] 3 S.C.R. 1056
Case number
CIVIL APPEAL No. 5259/1995
Decided
2 May 1995
Bench
R.M. SAHAI, B.L. HANSARIA (2-judge bench)
Outcome
Dismissed
Case type
Civil

Headnote

AMMA v. AMMUNNI PANICKER AND ANR. MAY 2, 1995 [R.M. SAHA! AND B.L. HANSARIA, JJ.j Hindu Law: Mantmakkathayam Act: Section 48. Travancore Nair Act: Section 22. Gift by brother to siste,-Parties governed by Marumakkathayam Law-Held: children of donee sister are also entitled to share. D P suit claiming one third share in the gifted property but the Trial Court dismissed the same. On appeal the High Court held that (i) as the gift was to a female it should be presumed, In the absence of the contrary intention, that it was to be E held by the donee as tenancy-in-common; there cannot

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