Hindu female must have both possession and acquisition to establish full ownership of undivided joint family property: SC
Mukatlal v. Kailash Chand, 2024 SCC OnLine SC 964.
Facts:
1. The suit property was owned by A who had two sons, namely, M1 and M2. M2 was married to the original petitioner (widow-wife). The widow-wife, in the original suit claimed to adopt the plaintiff-son on 12-06-1959, nearly after 30 years of death of her husband.
2. M1’s son had executed a will of the entire unpartitioned estate in favour of his son (the present appellant). M1’s son passed away in 1954 and the suit property devolved upon the present appellant under the will executed by his father/ M1’s son.
3. The widow-wife filed a civil suit seeking a declaration of title and possession over the suit property contending that the property in question was a joint Hindu family property and that the will allegedly executed by M1’s son was illegal. The present appellant was the defendant in the said civil suit and it was contended that he was not entitled to any share in the HUF property.
Hon SC held as below:
1. The issue regarding title and possession over the suit property was concluded against widow-wife and that she was never in possession of the suit property was an admitted position from the record because she never challenged the judgment and decree dated 21-05-1959 whereby the suit filed by her for declaration of title and possession was dismissed by the Civil Court and she was held only entitled to receive maintenance from the undivided estate.
2. 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.
3. Since, the widow-wife was never in possession of the suit property, as a necessary corollary the Revenue suit for partition claiming absolute ownership under Section 14(1) of the Succession Act could not be maintained by her plaintiff-son by virtue of inheritance.
The Copy Of the Order as Under:
