Statutory succession overrides survivorship for tenancy holdings, while ancestral house property remains governed by Hindu coparcenary survivorship.
A tenancy holding owned by members of a joint Hindu family devolves under the tenancy statute where that statute prescribes succession on a tenant's death, and the Hindu law rule of survivorship is displaced. The deceased member's share therefore passes by statutory succession, first to the widow and then to the preferential heir under the later tenancy law. By contrast, ancestral coparcenary house property continues to devolve by Hindu law survivorship unless a statute provides otherwise. On disruption of the family, the surviving coparceners' shares are determined accordingly, with the deceased member's interest enlarging the survivors' shares.
Issues: (i) Whether the tenancy holding, though held by members of a joint Hindu family, devolved by survivorship under Hindu law or by succession under the tenancy statute. (ii) Whether the house, being ancestral coparcenary property, devolved by survivorship and what shares the parties took on disruption of the family.
Issue (i): Whether the tenancy holding, though held by members of a joint Hindu family, devolved by survivorship under Hindu law or by succession under the tenancy statute.
Analysis: The members of a joint Hindu family collectively owned the holding, but their rights in such property were subject to the tenancy enactment. The statutory scheme governing occupancy tenures displaced the Hindu law rule of survivorship in respect of the holding. On the death of a member, his interest did not pass to the surviving coparceners by survivorship but devolved according to the statutory rule of succession. The widow of the deceased member therefore took the deceased's share, and on her death the preferential heir under the later tenancy statute succeeded to that share.
Conclusion: The tenancy holding devolved by statutory succession, not by survivorship, and the appellant was entitled to a two-third share while the respondent was entitled to a one-third share.
Issue (ii): Whether the house, being ancestral coparcenary property, devolved by survivorship and what shares the parties took on disruption of the family.
Analysis: As regards the house, no statutory rule displaced Hindu law. The ancestral house remained coparcenary property, and the ordinary rule of survivorship governed devolution. On disruption of the family, only the surviving coparceners were relevant for ascertainment of shares, and the deceased member's interest enlarged the shares of the survivors.
Conclusion: The house devolved by survivorship, and the parties were entitled to equal shares in it.
Final Conclusion: The appeal succeeded in part. The decree was modified to grant the respondent a one-half share in the house and a one-third share in the tenancy holding.
Ratio Decidendi: Where a tenancy holding is governed by a statute prescribing succession on the tenant's death, the statutory succession rule overrides Hindu law survivorship, but ancestral house property continues to devolve under the ordinary Hindu law of survivorship unless displaced by statute.
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