AIR 2012 HIMACHAL PRADESH 57 ::(2014) 1 MarriLJ 453

Himachal Pradesh High Court

Hon'ble Judge(s): Deepak Gupta , J

Hindu Succession Act (30 of 1956) , S.8, S.9, Sch. Expln.— Succession - Share of half blood brother - 'B', 'C', 'D' and and @page-HP58apos;T' were real brother and sisters of deceased 'M' - 'G' was half blood brother of deceased 'M' - Defendants 'T' and 'G' claimed that they being 'joridari' brothers of 'M', would inherit his estate in accordance with custom in joridari system - However alleged joridari marriage which took place in 1969, i.e. after 1956, not valid - Half blood brother or sister would be included in entry No. II of Class-II of Schedule to Act of 1956 and would be entitled to inherit property of half blood brother or sister in equal proportion to full blood brother or sister - All five, i.e., 'B', 'C', 'D', 'T' and 'G' would inherit property of deceased 'M' in equal shares. 'Joridara' system was a mixture of both polygamy and polyandry. Under Joridari system the eldest brother amongst the brothers was the pivot and the woman who was brought into the house in a marriage ceremony became the wife of all the brothers who joined him or associated with him. As per explanation to schedule in Act, in schedule, reference to a brother or sister does not include reference to brother or sister by uterine blood. This obviously indicates that when reference to brother or sister is made it includes a brother or sister by half bl....