Skip to main content

Arunachala Gounder (dead) v. Ponnuswamy case (2022)

 Arunachala Gounder (dead) v. Ponnuswamy case (2022)


In this case it takes about the daughters right to the father’s property and about the development of new amendment to daughter's property.

The most famous case of Vinita Sharma v. Rakesh Sharma in this case the supreme court stated that daughters have the rights to their ancestral property, through this case people was seemed to be not satisfied. Then the case got overruled in the case of Arunachala Gounder case in this there was a succession issues which was started since 1967 when Maratha Gounder father of kulyapir Gounder's was died. Kulyapir Gounder dead was actually was intestate death which means she didn't make any will or testament of her property.

When female Hindu dies intestated without making any will in this case the property of her to whom it  will get devolved? 

Hindu succession act, 1956

It has been devolved in two types:

1. Self-acquired property - it means that a property which is bought by self-owned money not of others, but not those which are inherited by the ancestors. 

2. Coparcenary property- it means of ancestral property, those types of property which has been inherited by the ancestors or by fore fathers. 

In previous time in coparcenary property right only son was considered as coparceners not the daughters, which means only by birth sons had the right over coparcenary property. After the new amendment act of 2005, the court declared that daughter will be also called as coparceners. Starting from birth daughter will be having the right over ancestors’ property. It also had the retrospective effect, it is that daughters who was Born before this new amendment will also get benefited by this coparcenary property right. 

In the above case of Arunachala Gounder case issues are 

Firstly, whether daughter has the right of fathers self-acquired property who died intestate or devolved on father heirs through survivorship? 

Secondly, whether a woman would have right over female's property who died interstate?

In this case kulyapir Gounder had inherited property from her father so according to the judgement this property would get devolved Over her father heirs. Since, in this judgement the main motive of the Judiciary and legislative was that after the death of the Hindu female intestated death and the property would return to the person from who she had inherited. 

According to first issue, justice S. Abdul Nazir and Krishna Murari said that daughters of male Hindu dying without a will be entitled to inherited Self- acquired and other properties obtained in the partition by the father.  Also, the first preference will be given to the daughters, but not to the brother's sons. 

Since in Vinita Sharma case court said that according to section 6 daughters will be considered as a coparcener and this section 6 was again got amendment in 2005, which had the retrospective effect.


According to second issues the court stated that if any Hindu female dies intestated then the property which she had inherited from the father or mother will get devolved on the father’s heirs, if she had acquired the property from her husband or father-in-law will get devolved over the husband heirs.

So, in this section 14, has made property of a female Hindu to be her absolute property will get converted and said that whenever a female Hindu dies intestated then it should refer to the section 15(2)(a), through referring to this section the court gave the judgement to this case the property of female dies intestated will get devolved upon Father's hairs. Which means kulyapir Gounder's her father heirs will be acquiring the property of her and so the son of Maratha Gounder's had its grandchildren which means the get devolved equal over his five son's children. 

This judgement was given against the verdict of madras high court.
Labels:

Comments

Post a Comment

Popular posts from this blog

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B
Post a Comment
Read more

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske
1 comment
Read more

Rules as to delivery of goods

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree
Post a Comment
Read more