SC: Right of a coparcener in disposing of his undivided share in Mitakshara joint family property is derived by the virtue of law (Will/testamentary dispositions)

 The Apex Court on 23.01.2019, in RADHAMMA & ORS. v H.N. MUDDUKRISHNA  & ORS., had dismissed the appeal that was made against the High Court of Karnataka’s judgment that had dismissed the concerned holding that the appellants had no entitlement upon the share in the properties of the joint family.

 FACTS OF THE CASE:

A suit was filed by the appellants pertaining to 1/10th share in the disputed properties wherein by a decree the trial court declared that the second plaintiff had the entitlement of 1/10th share in the properties of the joint family that are scheduled  to ‘E’  while the properties that are  scheduled  as ‘F’ & ‘G’ were the self­-acquired properties that belonged to the testator, and the party ‘H’  being the exclusive property of another.

 An appeal was made against the trial court’s judgment and decree in the High Court by the appellants while another was filed by the defendants­ – respondents contending the judgment. It was held by the High Court that the respondents had been able in establishing the due execution of the Will according to Section 68 of the Evidence Act.

 However, while referring to the 1/10th share of the plaintiff  no.2  upon the  undivided share of the testator in properties belonging o the joint family, the High Court held the right of disposing his  undivided share by a  coparcener is derived  in a  Mitakshara joint family property through  a “Will”/ testamentary disposition while  reversing the trial court’s findings and upholding the 1/10th  share   of   the  appellants in the schedule  of the properties .

DECISION HELD BY THE SUPREME COURT OF INDIA:

When the matter was brought before the Supreme Court of India, the Apex Court while dismissing the appeal upheld the judgment of the High Court.