Case – MUKATLAL

            Versus

KAILASH CHAND (D) THROUGH LRS. AND ORS.

Two Judge Bench

Question of law involved:-

The core question of law in this case was as to the right of the plaintiff being legal heir of Hindu widow to enforce her right of succession in the unpartitioned Joint Hindu Family property by virtue of Section 14(1) of HSA by filing a suit in the Revenue Court. (Para 5 of judgment)

Held :-

Seen in the light of the ratio of the above judgments, it is clear that 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. (Para 24)

The Court said that the deceased widow was never in possession of the suit property because the civil suit was filed by her claiming the relief of title as well as possession and the same was dismissed. (Para 25)