contention of the plaintiffs
that she died intestate and not executed any testamentary
document and any transaction made in favour of any other
defendants ... produced
before the Court and the propositus has not executed any
testamentary document, the Trial Court has not committed any
error, since the plaintiffs
joint family properties and the father
had not executed any testamentary document and it is further
contends that Section 6 of Hindu Succession Act attracts ... question of fact and question of law since
there was no any testamentary document executed by the father
S.G. Govindappa
legal heir of the father and when
there is no any testamentary document in favour of defendant
No.2, the plaintiff is also entitled ... defendant herein. But the fact is that
father did not execute any testamentary document in favour of
either the plaintiff or in favour
sister Siddalingamma
@ Rajamma, who was unmarried and not led any
testamentary document and taken note of Section
15(1)(d) of Hindu Succession ... testamentary document. Apart from that even
father also not led any testamentary document, when such
being the case and when the property belongs
said Irappa also died without executing any
testamentary document and hence all the daughters
and sons are entitled for equal share in the suit
schedule ... defendants No.1 to 3 died intestate and had not made any
testamentary documents during their life time. He
vehemently contends that the Trial Court
favour of her husband.
Admittedly, the husband passed away without executing any
testamentary document. Hence, it is clear that, when the
property belongs
Hindu Succession Act and
other claim is subject to testamentary disposition. Under the
Hindu Law, the purchaser of the joint family property should be
made
Sri T. Joseph Thyagaraj vs T.Philomena on 29 February, 2024
Author: H.P.Sandesh
Sri T Chowri Reddy vs Smt. T. Philomena on 29 February, 2024
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Anand Surana vs G. Vincent Thomas on 29 February, 2024
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Bench
