H. Lakshmaiah Reddy & Ors. Vs. L. Venkatesh Reddy
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Head Note
The Hindu Succession Act, 1956 - Section 15
Succession in the Case of Female Hindu - Mutation Entries - 'G' first wife of 1st defendant and the plaintiff was their only son - Suit property was purchased by 'G' and it stood in her name in revenue record - Plaintiff was born on 1.10.2023 and 'G' died on 20.1.2024 - As per Section 15 of the Act, 1956 the husband and the son of deceased 'G' namely 1st defendant and the plaintiff, being class-I heirs succeeded to the suit property - Suit property was changed to the name of plaintiff from his mother on 9.1.2024 - Endorsement therein made by the Tahsildar reveals that the 1st defendant accepted the mutation of entry in the name of the plaintiff - Mutation entries do not convey or extinguish any title and those entries are relevant only for the purpose of collection of land revenue - High Court erred in concluding that the 1st defendant by his conduct had acquiesced and divested himself of title of his half share in suit property - Said erroneous conclusion liable to be set aside - Judgment and decree passed by the lower appellate Court restored.
Topic(s)-Hindu Succession - Female Hindu - Mutation Entries - No relinquish or release of right