1980 (2) TMI 277 - SC - Indian Laws

Summary

Issues Involved:
1. Effectiveness of Ext. P-1 as a Will under Mitakshara Law.
2. Validity of Ext. P-1 as a partition deed.
3. Ext. P-1 as a family arrangement.
4. Disruption of joint family status and subsequent holding of property.

Issue-wise Detailed Analysis:

1. Effectiveness of Ext. P-1 as a Will under Mitakshara Law:
The court first examined whether Ext. P-1, styled as a Will by the deceased Karappan, was effective as a Will. The court noted that under Mitakshara Law, a Hindu father cannot make a will of ancestral property in which his sons have an interest by birth. Ext. P-1 attempted to dispose of both ancestral and self-acquired properties, which is not permissible. The court concluded that Ext. P-1 is ineffective as a Will since it does not devise the individual share of the testator but attempts to dispose of all properties, including ancestral properties. Thus, it was held that Ext. P-1 could not be effective as a Will.

2. Validity of Ext. P-1 as a Partition Deed:
The court then analyzed whether Ext. P-1 could be considered a valid partition deed. Partition in Hindu law implies a severance of joint status and can be initiated by a definite and unequivocal indication of intention to separate. The court observed that a Hindu father has the power to partition joint family property without the consent of his sons, including the power to disrupt joint family status. However, Ext. P-1 was not intended to be effective immediately but only after Karappan's death, which means it was not a partition in the broader sense. The court concluded that Ext. P-1 is not effective as a partition deed since it did not result in the immediate division of property by metes and bounds.

3. Ext. P-1 as a Family Arrangement:
The court examined whether Ext. P-1 could be considered a family arrangement. A family arrangement requires an agreement among family members for the benefit of the family, often to compromise disputed rights or preserve family property. The court found that Ext. P-1 did not meet these criteria as there was no evidence of consent from all affected members at the time of execution. Additionally, Ext. P-1 was intended to be effective only after Karappan's death, which further negated its status as a family arrangement. The court concluded that Ext. P-1 does not furnish evidence of a family arrangement.

4. Disruption of Joint Family Status and Subsequent Holding of Property:
The court considered whether Ext. P-1 disrupted the joint family status. It noted that Ext. P-1 specified the shares of each son and vested those shares, indicating a disruption of joint family status. After the disruption, the coparceners would hold the property as tenants-in-common rather than joint tenants. The court rejected the High Court's conclusion that the four sons of the first wife constituted a coparcenary after Kesavan, the son of the second wife, took his share and left the family. The court emphasized that there is no presumption that the remaining members continued to be joint after one member's separation. The court concluded that the four sons of the first wife held the property as tenants-in-common after the disruption of joint family status.

Conclusion:
The court held that Ext. P-1 is ineffective as a Will and as a partition deed. It does not constitute a family arrangement due to the lack of consent from all affected members. However, Ext. P-1 did result in the disruption of joint family status, leading the sons of the first wife to hold the property as tenants-in-common. The plaintiff is entitled to a 1/4 share in the A schedule properties, and the suit is decreed accordingly. The claims to B and C schedule properties were rightly dismissed by the trial court and the High Court. The appeal is partly allowed, and a preliminary decree is issued in favor of the plaintiff for the A schedule properties.