Family. Law

DHANNULAL v
GANESHRAM
Hindu Succession Act, 1956
TABLE OF CONTENTS
01 02 03
FACTS OF THE ISSUES OF THE STATUTES
CASE CASE INVOLVED
04 05 06
ARGUMENTS ARGUMENTS CONCLUSION &
FROM PETITIONER FROM VERDICT
RESPONDENT
01
FACTS OF THE
CASE
1.The suit basically was filed in relation declaration,
possession and damages in relation to the two suit houses
in succession.
2.The suit properties were the self acquired properties of Shiv
Ram, who died in the year 1932 he was having two issues
namely Sumitra Bai (daughter) and Chhatrapati (son).
3.Sumitra Bai was called by Shiv Ram to live in his house and
she was throughout residing with her father and was looking
after his properties.
4.Phoolbasa bai whose relationship with Chhatrapati is in
question is the original defendant who died while pendency
of the suit.
5.Sumitra Bai and her husband, there were two issues namely
Shyamlal and Radha Bai. The plaintiff is son of Shyamlal.
1. The plaintiff mainly based his claim on the ground that
since Sumitra Bai was called by her father, and was
throughout living alongwith him till his death in the year
1932 and was in exclusive possession of the suit houses
even after 1932 till the year 1976 (till her death), she has
perfected her title by way of adverse possession.
2. About Phoolbasa Bai, he based his claim on the ground
that she was not the validly married wife of Chhatrapati,
therefore, she was having no right of interest in the suit
properties so that the will and sale made by her are void.
02
ISSUES OF
THE CASE
Is the suit property perfected by
Sumita bai by adverse possession?
• What is the validity of marriage
between Chhatrapati and Phoolbasa
bai?
• Is the will executed by Phoolbasa bai
valid?
• Is the sale deed executed by
Phoolbasa bai valid?
03
STATUTES
INVOLVED
Hindu Succession Act, 1956
• The Transfer of Property Act, 1882
04
ARGUMENTS
FROM
PLANTIFF
• The plaintiff mainly based his claim on the ground that since
Sumitra Bai was called by her father, and was throughout
living alongwith him till his death in the year 1932 and was in
exclusive possession of the suit houses even after 1932 till the
year 1976 (till her death), she has perfected her title by way
of adverse possession excluding right and interest of all other
successors if any.
• Phoolbasa Bai, he based his claim on the ground that she was
not the validly married wife of Chhatrapati, therefore, she was
having no right of interest in the suit properties that is the will
and sale deed made by her are void.
05
ARGUMENTS
FROM
DEFENDANT
• The respondents opposed these arguments.
They supported the plea of valid marriage,
execution of a valid Will deed and sale deed
creating right and interest in favour of the
beneficiaries of these documents.
• They also argued that sumitra bai has not
perfected her title just because she was
called by her father for taking care the
property as his son was not capable of doing
so at that time.
• 15.(2)(b) any property inherited by a female Hindu from
her husband or from her father-in-law shall devolve, in the
absence of any son or daughter of the deceased (including
the children of any pre-deceased son or daughter) not upon
the other heirs referred to in sub-section (1) in the order
specified therein, but upon the heirs of the husband.
• Sec 8.―The property of a male Hindu dying intestate shall
devolve according to the provisions of this Chapter:―
• (a) firstly, upon the heirs, being the relatives specified in
class I of the Schedule;
(b) secondly, if there is no heir of class I, then upon the heirs,
being the relatives specified in class II of the Schedule;
06
CONCLUSION
& VERDICT
• Firstly, Sumitra has no right or title over the
property by adverse possession as the sole
purpose of calling her was to ensure maintenance
of the property till her brother is capable of doing
so.
• Secondly, because continuous co- habitation is
present it is presumed that the marriage is valid.
• As, the marriage is valid, Phoolbasa bai has
complete right over the property after her
husband’s death.
• Which states that the sale deed was valid.
• The will was not accepted.
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DHANNULAL v

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