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SC specifies criteria for establishing full ownership on undivided joint family estate for Hindu female

Case Law Details

TaxGuru Citation
2024 taxguru.in 3283
Case Name
Mukatlal Vs Kailash Chand (D) Through Lrs. And Ors. (Supreme Court India)
Date of Judgement/Order
Only available for paid members
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Mukatlal Vs Kailash Chand (D) Through Lrs. And Ors. (Supreme Court India)

For establishing full ownership on the undivided joint family estate under Section 14(1) of the Succession Act the Hindu female must not only be possessed of the property but she must have acquired the property and such acquisition must be either by way of inheritance or devise, or at a partition or “in lieu of maintenance or arrears of maintenance” or by gift or be her own skill or exertion, or by purchase or by prescription.

Supreme Court of India recently addressed significant legal principles concerning the ownership rights of Hindu females in undivided joint family estates under Section 14(1) of the Hindu Succession Act, 1956. This case, Mukatlal Vs Kailash Chand (D) Through Lrs. And Ors., revolves around the inheritance and succession of property originally owned by Kishan Lal, a member of a Hindu Undivided Family (HUF), highlighting complex legal nuances and historical family dynamics.

The dispute originated from the division of property after the death of Kishan Lal, which involved his sons Mangilal and Madho Lal. Following their respective deaths in 1912 and 1929, the legal intricacies intensified. Madho Lal, who died childless, left behind his widow, Smt. Nandkanwarbai, who later adopted Kailash Chand.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 19,273

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