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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

This case concerns the property rights of Ajit Kaur, a widow whose father Bhana gifted ancestral land to her mother (a separated second wife) for maintenance in 1950. The daughter claimed ownership under Section 14(1) of the Hindu Succession Act, 1956 by virtue of her possession when the Act commenced. The Supreme Court held that mere possession is insufficient; property rights under Section 14(1) require the female to possess some vestige of legal title or right falling within the statutory modes of acquisition (inheritance, devise, gift, maintenance, etc.). The court found the appellant held no valid title, only possession through her mother's life-interest gift. The father's valid 1973 will excluded her and vested rights in other heirs. The appeal was dismissed, upholding the High Court's judgment that possession alone does not confer absolute ownership."

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Hindu Succession Law Succession and Inheritance Property Rights of Women Civil Procedure

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