SUPREME COURT OF INDIA
Mukatlal…………Appellant
Vs.
Kailash Chand (D) Through LRS. & Ors………….Respondents
B.R. Gavai & Sandeep Mehta, JJ.
Hindu Succession Act, 1956
Section 14(1)—Full ownership by a Hindu female—Right of plaintiff being legal heir of Hindu widow to enforce her right of succession in the unpartitioned Joint Hindu Family property by filing a suit in the Revenue Court—For establishing full ownership on the undivided joint family estate under Section 14(1) of the Hindu 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—Since, Hindu widow was never in possession of suit property, as a necessary corollary the Revenue suit for partition claiming absolute ownership under Section 14(1) of the Act could not be maintained by her adopted son, plaintiff by virtue inheritance.
Decision : Appeal allowed
VANYA BAJAJ ADVOCATE
