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Supreme Court of India 2019-04-04 dismissed

Ajit Kaur @ Surjit Kaur vs Darshan Singh (dead) Through Lrs. & Ors

Bench: 2 — Rastogi

In Brief

Ajit Kaur's mother Banti received agricultural land as a gift for maintenance from her separated husband Bhana before the Hindu Succession Act, 1956 came into force. On Bhana's death, his son Darshan Singh claimed the property as reversionary heir, armed with a 1954 decree recognizing his reversionary rights. Ajit Kaur argued her mother became absolute owner under Section 14(1) of the 1956 Act due to her possession. The Supreme Court held that mere possession is insufficient; Section 14(1) requires possession under a recognized legal claim—such as maintenance, gift, devise, or inheritance. The Court dismissed Ajit Kaur's appeal, upholding that the reversionary decree validly restored the property to Bhana's estate, allowing devolution under the 1973 will benefiting Darshan Singh and excluding Ajit Kaur.

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Hindu Succession Property Law Women's Rights Succession and Inheritance

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