Legal Analysis: Darubai and Another v. Kamalabai and Others

Citation: 2026 INSC 613

Court: Supreme Court of India

Bench: A Division Bench comprising Justice Sanjay Karol &  Justice Augustine George Masih

Date of Decision: June 1, 2026

Nature of Judgment: Civil Appeal arising out of SLP (Civil) No. 13232 of 2022 against the judgment of the High Court of Judicature at Bombay, Aurangabad Bench dated 31st March 2022.

Synopsis of the Judgment

The dispute, ongoing for over half a century, was between the step‑mother (defendant) and step‑daughters (plaintiffs) over the property of late Dajiba, who died intestate. The plaintiffs claimed 4/5th share as daughters, while the defendant (wife) claimed 1/5th. The defendant sold a portion of the property to one Dattatraya, claiming legal necessity as the ‘karta’ of the family. The Trial Court decreed the suit rejecting the legal necessity defence. The First Appellate Court reversed, holding that legal necessity was established. The High Court, in Second Appeal, restored the Trial Court’s decree. The Supreme Court dismissed the appeal, holding that upon Dajiba’s death, the property devolved under Section 8 of the Hindu Succession Act, 1956 upon his widow and daughters as tenants‑in‑common with definite and separate shares (1/5th each). Consequently, no one could act as ‘karta’ of a Hindu Undivided Family because the property was not coparcenary property. The step‑mother had no authority to sell any portion beyond her own 1/5th share, and the ground of legal necessity was irrelevant.

1. Basic Information of the Judgment

Case Title: Darubai and Another v. Kamalabai and Others

Citation: 2026 INSC 613

Civil Appeal No.: Arising out of SLP (Civil) No. 13232 of 2022

Bench: Justice Sanjay Karol (author) and Justice Augustine George Masih

Date of Decision: June 1, 2026

Court: Supreme Court of India (Civil Appellate Jurisdiction)

Impugned Order: Final judgment and order dated 31st March 2022 of the High Court of Judicature at Bombay, Aurangabad Bench, in Second Appeal No. 133 of 1999.

2. Legal Framework

Major Laws and Provisions Involved

• Hindu Succession Act, 1956 – Section 8 (general rules of succession for male intestate – property devolves upon Class I heirs), Section 10 (distribution among Class I heirs – widow takes one share, each daughter takes one share), Section 19 (two or more heirs succeed as tenants‑in‑common, not as joint tenants), Section 30 (power of Hindu to dispose of his share by will).

• Indian Succession Act, 1925 – Not directly invoked but principles of tenancy‑in‑common and joint tenancy discussed.

• Mitakshara law – Coparcenary property, survivorship, concept of karta.

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