Female heirs of a Hindu governed by the Dayabhaga School of Hindu Law dying intestate could not impress upon their inherited property the character of joint family property. The properties inherited from her husband was assessable in the hands of the assessee in the status of individual. It means that female members of a HUF cannot form HUF on the basis of contract among themselves.
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In the present case, entry by the culprits was by removal of roof sheet which cannot be done without use of force. Hence, it would be a case of violent entry for committing theft/burglary. It means that removal of roof sheets by culprits is considered as forceful entry into premises and hence comes under definition of theft or burglary based on the circumstances of the case and hence insurance company is liable for payment of claim.
SC held that denying the appellant’s claim on account of upholding an unfavourable interpretation of an ambiguous term would entail the respondent not performing its duties as a government company.
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