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Radha Bai vs. Ram Narayan & Ors. – (SC)

42.00 4.20

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Hindu Succession Act, 1956–Sec. 6–Claim of partition by the daughter of predeceased grand son–Sustainability of claim–’SU’ was the original owner of property–He and his sons JA & PI were having joint shares being coparceners–Father of appellant ‘SA’ was son of JA who died in year 1957 whereas JA died in 1982 and ‘SU’ died in1965–’ SA’ could not have succeeded to the property as he could claim only through JA–Therefore, the question of appellant being his daughter, succeeding to the property does not arise–After death of ‘SU’, the property came to be partitioned between JA & PI–JA became
the owner of property in his individual capacity–He was entitled to legitimately dispose the property in the manner as he desired–Held, claim of appellant was rightly rejected.