New Delhi: The Supreme Court of India on Thursday has said that the property inherited by from fathers by sons becomes joint family property in the hands of sons.
The bench of judges comprises of Justices AM Khanwilkar and Ajay Rastogi has held the matter of LRs vs Muniswamy and others.
The respondent Muniswamy and five others, the plaintiffs, are the grandchildren of one Chikkanna, the propositus of a joint family.
They filed a suit in 1980 seeking a declaration that a compromise executed by their family along with his two brothers with one Dodamuniyappa(the appellant in SC) was not binding on them.
The impugned compromise was made in an execution appeal, whereby the father and uncles of the plaintiffs agreed to convey a portion of joint family property to the appellant.
The trial court had dismissed the suit holding that the plaintiffs failed to establish that the property was joint family property in their hands. This was reversed by the High Court in appeal, and the suit was decreed declaring the compromise to be not binding on the plaintiffs.
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