The Supreme Court discussed the principles of succession as per Hindu Succession Act 1956 in a recent judgment.
Referring to Sections 6 and 8 of the Act, the Court said that on death of a Hindu male, notional partition of his property will take place, and it will devolve on the legal heirs based on their respective shares. Therefore, such property will no longer retain the character of a ‘Joint Family Property’ after such partition. The heirs will take after the property as tenants-in-common and will enjoy joint possession till the property is demarcated on their respective shares as per a settlement deed.
A bench of Justices Deepak Gupta and S Abdul Nazeer delivered the judgment in the case M Arumugam vs Ammaniammal and others.
