“Division Consistent With Legal Provisions”: Supreme Court Affirms Decision on Mitakshara Coparcenary Property

Supreme Court of India, in a landmark judgment dated September 1, 2023, under the bench of Justices C.T. RAVIKUMAR and SANJAY KUMAR, dismissed a special leave appeal that revolved around the complex issue of Mitakshara coparcenary property. The apex court observed that the “division is consistent with legal provisions,” upholding the High Court’s decision.

The case has its roots in Civil Suit No. 146A of 1991, filed following Kesar Bai’s request for partition of properties. After her demise, the appellant, Derha Ram, succeeded her estate and was initially granted a 1/3^rd share in agricultural lands and house properties. Though an Appellate Court upheld this share, the High Court later revised it to 1/6^th, based on Sections 6 and 8 of the Hindu Succession Act of 1956.

The judgment also cited previous cases like Gurupad Khandappa Magdum and Shyama Devi, emphasizing that “the principles in Gurupad Khandappa Magdum and others have been duly considered.”

Rejecting the appellant’s argument that the properties were not coparcenary in nature, the Court stated such a position was “inconsistent with the original plaintiff’s pleadings.”

This ruling is expected to have far-reaching consequences, especially in matters of succession and Mitakshara coparcenary properties. Legal experts predict that this judgment will serve as an important reference for similar cases going forward.

The complete judgment is available for public scrutiny, providing an in-depth look at the Court’s legal reasoning and conclusions.

Date of Decision: September 1, 2023

DERHA vs VISHAL & ANR.