Supreme Court of India
Ram Nath Sao @ Ram Nath Sahu Since Deceased Thr. L.rs.& Ors; v. Goberdhan Sao Since Deceased Thr. Lrs. & Ors.
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What the Court ordered
In view of the above, it will be necessary to modify the decree passed by the learned trial Court as affirmed by the High Court by holding that the appellants -defendants are entitled to 38.1%.share in the joint family property instead of37.5% as ordered by the courts below.
Judgment, page 11
From the headnote
Partition - Allocation of shares as regards joint family properties - Under s.3(2) of Hindu Womens "Rights to Property Act, 1937, on the death ofhusband, his widow becoiues entitle to a share in the joint family property - Further, property of a joi/1/ family does not cease to belong to the family merely because. the family is represe111ed by a single co-parcener who possesses rights which an owner of property may possess - Hindu Womens Rights to Property Act, 1937 - s,3(2) - Hindu Succession.Act, 1956 - s.6. Partlyallowing the appeal, the Court HELD: 1. The common ancestor of parties 'FM'
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