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Supreme Court of India 2024-05-16 allowed

MUKATLAL vs KAILASH CHAND (D) THROUGH LRS

Bench: 2 — B.R. Gavai, Sandeep Mehta

In Brief

A widow's adopted son sought to claim partition and ownership of ancestral joint family property under the Hindu Succession Act, 1956. The widow had filed a suit for title and possession, which was dismissed; she retained only a right to maintenance. Years later, after her death, her adopted son filed a Revenue suit claiming she had acquired full ownership. The Supreme Court held that to own property under Section 14(1), a widow must actually possess it; a mere maintenance right is insufficient. Since the widow never possessed the property and her earlier suit was dismissed, her adopted son could not claim ownership through succession. The Revenue suit was dismissed.

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Hindu Succession Act Succession Law Joint Family Property Women's Rights Property Partition Civil Procedure

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