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Supreme Court of India 2017-02-01 allowed

State of Gujarat vs Maliben Nathubhai (D) through LRs & Ors

Bench: 2 — Madan B. Lokur

In Brief

The case concerns whether two daughters and their heirs could claim a share in their deceased father's land under Hindu law and the Urban Land (Ceiling and Regulation) Act, 1976. The Court held that when a joint family karta (male head) dies intestate, his share passes only to his surviving sons as coparceners, not to his widow or daughters. Since the daughters did not file required declarations under the Act and the prior tribunal order had become final eight years earlier, they could not revive their claim through a belated appeal. The Supreme Court set aside the Tribunal's and High Court's decisions and allowed the State's appeal.

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Hindu Succession Law Joint Family Property Urban Land Ceiling and Regulation Act Succession and Inheritance Doctrine of Merger Limitation and Delay in Appeals

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