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Widow Cannot Sell Entire Inherited Property as Karta: SC
Case Law Details
- Case Name
- Darubai & Anr. Vs Kamalabai & Ors. (Supreme Court of India)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Supreme Court of India
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Darubai & Anr. Vs Kamalabai & Ors. (Supreme Court of India)
SC order – after the Hindu Succession Act, 1956, inheritance under Section 8 creates individual ownership rights and not coparcenary rights- The doctrine of survivorship and Karta’s power over joint family property have no application where heirs inherit as tenants-in-common.
Key Issue Involved:
Nature of succession under Section 8 of the Hindu Succession Act, 1956 – Whether heirs inherit as tenants-in-common or as joint tenants, and whether a widow can act as Karta and alienate inherited property on grounds of leg...
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