{"id":493,"date":"2020-04-23T10:29:55","date_gmt":"2020-04-23T10:29:55","guid":{"rendered":"http:\/\/lexforti.com\/legal-news\/?p=493"},"modified":"2021-01-07T05:24:04","modified_gmt":"2021-01-07T05:24:04","slug":"property-of-hindu-male-doesnt-remain-the-joint-family-property-on-his-death","status":"publish","type":"post","link":"https:\/\/lexforti.com\/legal-news\/property-of-hindu-male-doesnt-remain-the-joint-family-property-on-his-death\/","title":{"rendered":"Property of Hindu male doesn\u2019t remain the joint family property on his death"},"content":{"rendered":"\n<p>Harshit Sharma | Amity Law School, Madhya Pradesh | 13th January 2020<\/p>\n\n\n\n<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_47_1 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title\">Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"ez-toc-toggle-icon-1\"><label for=\"item-6a2249f0f331c\" aria-label=\"Table of Content\"><span style=\"display: flex;align-items: center;width: 35px;height: 30px;justify-content: center;direction:ltr;\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/label><input  type=\"checkbox\" id=\"item-6a2249f0f331c\"><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/lexforti.com\/legal-news\/property-of-hindu-male-doesnt-remain-the-joint-family-property-on-his-death\/#M_Arumugam_Vs_Ammaniammal_and_Ors_Civil_Appeal_No_86422009\" title=\"M Arumugam&nbsp;V\/s.&nbsp;&nbsp;Ammaniammal and Ors.&nbsp;Civil Appeal No. 8642\/2009\">M Arumugam&nbsp;V\/s.&nbsp;&nbsp;Ammaniammal and Ors.&nbsp;Civil Appeal No. 8642\/2009<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/lexforti.com\/legal-news\/property-of-hindu-male-doesnt-remain-the-joint-family-property-on-his-death\/#FACTS_OF_THE_CASE\" title=\"FACTS OF THE CASE\">FACTS OF THE CASE<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/lexforti.com\/legal-news\/property-of-hindu-male-doesnt-remain-the-joint-family-property-on-his-death\/#ISSUES_RAISED\" title=\"ISSUES RAISED\">ISSUES RAISED<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/lexforti.com\/legal-news\/property-of-hindu-male-doesnt-remain-the-joint-family-property-on-his-death\/#RULING_OF_THE_COURT_THE_COURT_HELD_THAT\" title=\"RULING OF THE COURT\/ THE COURT HELD THAT\">RULING OF THE COURT\/ THE COURT HELD THAT<\/a><\/li><\/ul><\/nav><\/div>\n<h4 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"M_Arumugam_Vs_Ammaniammal_and_Ors_Civil_Appeal_No_86422009\"><\/span><em>M Arumugam&nbsp;V\/s.&nbsp;&nbsp;Ammaniammal and Ors.&nbsp;Civil Appeal No. 8642\/2009<\/em><span class=\"ez-toc-section-end\"><\/span><\/h4>\n\n\n\n<h4 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"FACTS_OF_THE_CASE\"><\/span><strong>FACTS OF THE CASE<\/strong><strong><\/strong><span class=\"ez-toc-section-end\"><\/span><\/h4>\n\n\n\n<ol><li>One Moola Gounder formed a coparcenary property with his 2 sons who died intestate on 28.12.1971. On his death 1\/3<sup>rd<\/sup>&nbsp;property went to each son and the remaining 1\/3<sup>rd<\/sup>&nbsp;part of Moola Gounder was to be distributed among his wife(widow), 2 sons and 3 daughters.&nbsp;<\/li><li>The youngest daughter filed the suit in 1989 for partition but the same was opposed by sons stating that a release deed was executed by the mother and the daughters by giving up their shares in favour of the sons. It was also stated that the mother had acted as guardian on behalf of the plaintiff, who was a minor then. Later, a partition deed was executed amongst the sons, of which one of the witnesses was the husband of the plaintiff.<\/li><li>The plaintiff contended that the release deed was void ab initio as the mother was not competent to relinquish her share by acting as her guardian.<\/li><li>In reference to which the trial court dismissed the suit holding&nbsp;that&nbsp;the&nbsp;mother acted as the natural guardian of the minor daughter and no steps were taken by the plaintiff on attaining majority to get the release deed set aside within the period of limitation of 3 years.&nbsp;<\/li><li>High Court rejecting the reasoning of the trial court judgment allowed the appeal &amp; set-aside the judgment on the following findings:&nbsp;<ol><li>The property continued to be joint family property in the hands of legal heirs even after the death of Moola Gounder.<\/li><li>Since it was joint family property, mother could not have acted as guardian of the minor plaintiff to relinquish her shares. So, the release deed was void ab initio.<\/li><\/ol><\/li><li>Therefore, the present appeal was preferred before the Hon\u2019ble Apex Court of India.&nbsp;<\/li><\/ol>\n\n\n\n<h4 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"ISSUES_RAISED\"><\/span><strong>ISSUES RAISED<\/strong><span class=\"ez-toc-section-end\"><\/span><\/h4>\n\n\n\n<ol><li>Whether&nbsp;the&nbsp;mother&nbsp;could&nbsp;act&nbsp;as&nbsp;the&nbsp;natural guardian of the minor daughters in respect of the property inherited from the Moola Gounder?&nbsp;<\/li><li>&nbsp;whether&nbsp;the property&nbsp;inherited&nbsp;in&nbsp;terms&nbsp;of&nbsp;Sections&nbsp;6&nbsp;and&nbsp;8&nbsp;of&nbsp;the&nbsp;Succession Act was to be treated as the property of co-owners or as joint family property?<\/li><\/ol>\n\n\n\n<h4 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"RULING_OF_THE_COURT_THE_COURT_HELD_THAT\"><\/span><strong>RULING OF THE COURT\/ THE COURT HELD THAT<\/strong><span class=\"ez-toc-section-end\"><\/span><\/h4>\n\n\n\n<p>The Hon\u2019ble Supreme Court allowed the appeal and uphold the Judgment of the Trial Court in the instant matter on the following findings and observed the following:&nbsp;<\/p>\n\n\n\n<ol><li>In the light of Section-6 &amp; 8 of the Hindu Succession Act 1956, the SC took note that:&nbsp;<ol><li>When a Hindu male with female heirs in Class-I dies, his interest in coparcenary property devolves by succession and not survivorship.<\/li><li>Notional partition of the property takes place, and the heirs succeed to the property as tenants-in-common.&nbsp;<\/li><li>The property does not retain character of joint family property anymore.<\/li><\/ol><\/li><li>Furthermore, &#8220;\u2026. Section 30 also clearly indicates that the property was not to be treated as a joint family property though it may be held jointly by the legal heirs as tenants in common till the property is divided, apportioned or dealt with in a family settlement.\u201d&nbsp;<\/li><li>Per Section 6 of the Hindu Minority and Guardians Act, natural guardian of the minor cannot act in respect of minor&#8217;s undivided interest in joint family property. That embargo will not be attracted if the property is held to be not joint family property.<\/li><li>Moreover, &#8220;When such dissolution takes place and some of the members relinquish their share in favour of the Karta, it is obvious that the Karta cannot act as the guardian of that minor whose share is being relinquished in favour of the Karta. There would be a conflict of interest. In such an eventuality it would be the mother alone who would be the natural guardian and, therefore, the document executed by her cannot be said to be a void document&#8221;.&nbsp;<\/li><li>The Court also observed that at best, the release deed was a voidable document under Section 8 of the Hindu Minority and Guardianship Act, which should have been challenged within 3 years of the plaintiff&#8217;s attainment of majority and while taking note that when the release deed was executed in 1973, the plaintiff was aged 17 years. The partition deed amongst the sons was executed in 1980, in which the husband of the plaintiff was an attesting witness. The suit was led nine years later. These circumstances also led the Court to discard the plaintiff&#8217;s plea.<\/li><\/ol>\n","protected":false},"excerpt":{"rendered":"<p>Harshit Sharma | Amity Law School, Madhya Pradesh | 13th January 2020 M Arumugam&nbsp;V\/s.&nbsp;&nbsp;Ammaniammal and Ors.&nbsp;Civil Appeal No. 8642\/2009 FACTS OF THE CASE One Moola Gounder formed a coparcenary property with his 2 sons who died intestate on 28.12.1971. On his death 1\/3rd&nbsp;property went to each son and the remaining 1\/3rd&nbsp;part of Moola Gounder was [&hellip;]<\/p>\n","protected":false},"author":144,"featured_media":373,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[85,68,105,26],"tags":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v21.8.1 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>Property of Hindu male doesn\u2019t remain the joint family property on his death - LexForti<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/lexforti.com\/legal-news\/property-of-hindu-male-doesnt-remain-the-joint-family-property-on-his-death\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Property of Hindu male doesn\u2019t remain the joint family property on his death - LexForti\" \/>\n<meta property=\"og:description\" content=\"Harshit Sharma | Amity Law School, Madhya Pradesh | 13th January 2020 M Arumugam&nbsp;V\/s.&nbsp;&nbsp;Ammaniammal and Ors.&nbsp;Civil Appeal No. 8642\/2009 FACTS OF THE CASE One Moola Gounder formed a coparcenary property with his 2 sons who died intestate on 28.12.1971. 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He started his litigation practice before the Hon\u2019ble High Court of Madhya Pradesh since August, 2020 after being enrolled with the State Bar Council of Madhya Pradesh at enrolment number MP\/1228\/2020. Mr. Sharma hails from a generous and morally-valued driven family. He is the second-generation lawyer in his family who has taken up the task of stepping on the foot-steps of his father and the leading criminal advocate of the Gwalior Bar Sh. Vijay Dutt Sharma, Advocate. He always valued to strike a balance between education and moral-values which he quotes to have been a reflection of his mother Smt. Kusum Sharma and possibly this magical combination of the intellectual father and caring mother sailed him through to take the beautiful and successful academic leap, in both school as well as University. To quote the glorious academic years of Mr. Sharma, it all started with he been awarded with the Soli Sorabjee Award, which is bestowed upon the Legal Studies Topper of Class-XI (CBSE) of Gwalior Glory High School, Gwalior (M.P.). Since then, it has been the blessings of his parents, sister, teachers and family members that he completed his five-year integrated law course in B.A., LL.B. (Hons.) from Amity Law School, Amity University Madhya Pradesh, Gwalior with flying colours and been the over-all topper of the course since its inception to its culmination. Mr. Sharma also had in his names to attend various national and international seminars on growing issues in the field of law and throughout his college life, he has been an active member of the Moot Court Committee and in the culminating years of his college life, he has also served as the Chairperson of the Moot Court Committee of Amity Law School, Amity University Madhya Pradesh. His experience owed from his association with top-notched institutions of the country and law offices, including National Human Rights Commission, National Judicial Academy Bhopal, Chambers of Sh. Sanjay Gupta Ji Advocate (Gwalior, M.P.), Sh. Deepak Vasant Rao Khot Ji Advocate (Gwalior, M.P.), Sh. Fuzail Ahmad Ayyubi Ji Advocate (A-O-R Supreme Court of India), Sh. Vaibhav Shrivastava Ji (Office of Sh. Vivek Tankha Ji Senior Advocate), Sh. Prashant Vaxish Advocate (Supreme Court of India) to name a few. Apart from being an avid learner and through-out student of Law, Mr. Sharma has under his name various research papers and articles published in National as well as International Journals and UGC-Approved Journals, pan India. More so, he is a constant content writer for various online blogs including the LatestLaws.com, Lawyers Club India, Legal Services India, Advocates Pedia Foundation, etc. In addition to his academic excellence, he is green-belt holder in karate and has been a district-level Judo and Table-Tennis Player for his School Team. He is fond of reading books and to pen poetries in both, English as well as Hindi language is his best hobby to spare time with.\",\"sameAs\":[\"https:\/\/www.facebook.com\/harshit.sharma.1048\"],\"url\":\"https:\/\/lexforti.com\/legal-news\/author\/hshits1997\/\"}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Property of Hindu male doesn\u2019t remain the joint family property on his death - LexForti","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/lexforti.com\/legal-news\/property-of-hindu-male-doesnt-remain-the-joint-family-property-on-his-death\/","og_locale":"en_US","og_type":"article","og_title":"Property of Hindu male doesn\u2019t remain the joint family property on his death - LexForti","og_description":"Harshit Sharma | Amity Law School, Madhya Pradesh | 13th January 2020 M Arumugam&nbsp;V\/s.&nbsp;&nbsp;Ammaniammal and Ors.&nbsp;Civil Appeal No. 8642\/2009 FACTS OF THE CASE One Moola Gounder formed a coparcenary property with his 2 sons who died intestate on 28.12.1971. On his death 1\/3rd&nbsp;property went to each son and the remaining 1\/3rd&nbsp;part of Moola Gounder was [&hellip;]","og_url":"https:\/\/lexforti.com\/legal-news\/property-of-hindu-male-doesnt-remain-the-joint-family-property-on-his-death\/","og_site_name":"LexForti","article_publisher":"https:\/\/www.facebook.com\/Lexforti\/","article_author":"https:\/\/www.facebook.com\/harshit.sharma.1048","article_published_time":"2020-04-23T10:29:55+00:00","article_modified_time":"2021-01-07T05:24:04+00:00","og_image":[{"width":560,"height":315,"url":"https:\/\/i2.wp.com\/lexforti.com\/legal-news\/wp-content\/uploads\/2020\/04\/All-the-love-from-James-9.jpg?fit=560%2C315&ssl=1","type":"image\/png"}],"author":"Hshits1997","twitter_card":"summary_large_image","twitter_misc":{"Written by":"Hshits1997","Est. reading time":"4 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/lexforti.com\/legal-news\/property-of-hindu-male-doesnt-remain-the-joint-family-property-on-his-death\/#article","isPartOf":{"@id":"https:\/\/lexforti.com\/legal-news\/property-of-hindu-male-doesnt-remain-the-joint-family-property-on-his-death\/"},"author":{"name":"Hshits1997","@id":"https:\/\/lexforti.com\/legal-news\/#\/schema\/person\/da5b12bcf24f10dd6314543ccd840355"},"headline":"Property of Hindu male doesn\u2019t remain the joint family property on his death","datePublished":"2020-04-23T10:29:55+00:00","dateModified":"2021-01-07T05:24:04+00:00","mainEntityOfPage":{"@id":"https:\/\/lexforti.com\/legal-news\/property-of-hindu-male-doesnt-remain-the-joint-family-property-on-his-death\/"},"wordCount":773,"commentCount":1,"publisher":{"@id":"https:\/\/lexforti.com\/legal-news\/#organization"},"articleSection":["Family Law","Important Cases","Law relating to Religion","Supreme Court Judgement"],"inLanguage":"en-US","potentialAction":[{"@type":"CommentAction","name":"Comment","target":["https:\/\/lexforti.com\/legal-news\/property-of-hindu-male-doesnt-remain-the-joint-family-property-on-his-death\/#respond"]}]},{"@type":"WebPage","@id":"https:\/\/lexforti.com\/legal-news\/property-of-hindu-male-doesnt-remain-the-joint-family-property-on-his-death\/","url":"https:\/\/lexforti.com\/legal-news\/property-of-hindu-male-doesnt-remain-the-joint-family-property-on-his-death\/","name":"Property of Hindu male doesn\u2019t remain the joint family property on his death - 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He started his litigation practice before the Hon\u2019ble High Court of Madhya Pradesh since August, 2020 after being enrolled with the State Bar Council of Madhya Pradesh at enrolment number MP\/1228\/2020. Mr. Sharma hails from a generous and morally-valued driven family. He is the second-generation lawyer in his family who has taken up the task of stepping on the foot-steps of his father and the leading criminal advocate of the Gwalior Bar Sh. Vijay Dutt Sharma, Advocate. He always valued to strike a balance between education and moral-values which he quotes to have been a reflection of his mother Smt. Kusum Sharma and possibly this magical combination of the intellectual father and caring mother sailed him through to take the beautiful and successful academic leap, in both school as well as University. To quote the glorious academic years of Mr. Sharma, it all started with he been awarded with the Soli Sorabjee Award, which is bestowed upon the Legal Studies Topper of Class-XI (CBSE) of Gwalior Glory High School, Gwalior (M.P.). Since then, it has been the blessings of his parents, sister, teachers and family members that he completed his five-year integrated law course in B.A., LL.B. (Hons.) from Amity Law School, Amity University Madhya Pradesh, Gwalior with flying colours and been the over-all topper of the course since its inception to its culmination. Mr. Sharma also had in his names to attend various national and international seminars on growing issues in the field of law and throughout his college life, he has been an active member of the Moot Court Committee and in the culminating years of his college life, he has also served as the Chairperson of the Moot Court Committee of Amity Law School, Amity University Madhya Pradesh. His experience owed from his association with top-notched institutions of the country and law offices, including National Human Rights Commission, National Judicial Academy Bhopal, Chambers of Sh. Sanjay Gupta Ji Advocate (Gwalior, M.P.), Sh. Deepak Vasant Rao Khot Ji Advocate (Gwalior, M.P.), Sh. Fuzail Ahmad Ayyubi Ji Advocate (A-O-R Supreme Court of India), Sh. Vaibhav Shrivastava Ji (Office of Sh. Vivek Tankha Ji Senior Advocate), Sh. Prashant Vaxish Advocate (Supreme Court of India) to name a few. Apart from being an avid learner and through-out student of Law, Mr. Sharma has under his name various research papers and articles published in National as well as International Journals and UGC-Approved Journals, pan India. More so, he is a constant content writer for various online blogs including the LatestLaws.com, Lawyers Club India, Legal Services India, Advocates Pedia Foundation, etc. In addition to his academic excellence, he is green-belt holder in karate and has been a district-level Judo and Table-Tennis Player for his School Team. He is fond of reading books and to pen poetries in both, English as well as Hindi language is his best hobby to spare time with.","sameAs":["https:\/\/www.facebook.com\/harshit.sharma.1048"],"url":"https:\/\/lexforti.com\/legal-news\/author\/hshits1997\/"}]}},"views":109,"_links":{"self":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/493"}],"collection":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/users\/144"}],"replies":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/comments?post=493"}],"version-history":[{"count":1,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/493\/revisions"}],"predecessor-version":[{"id":6969,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/493\/revisions\/6969"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/media\/373"}],"wp:attachment":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/media?parent=493"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/categories?post=493"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/tags?post=493"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}