NDLI: Ajit Kaur @ Surjit Kaur Vs. Darshan Singh (dead) Through Lrs. & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1956: s. 14(1) Mere possession would not confer pre-existing right Property of a female Hindu to be her absolute property Hindu Succession Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Hindu Succession Act, 1956 (30 of 1956)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Hindu Succession Act, 1956: s. 14(1) – Property of a female Hindu to be her absolute property – Mere possession of property by a female, if sufficient to claim right u/s. 14(1) – Held: Mere possession would not confer pre-existing right of possession over the subject property to claim full ownership rights after the Act, 1956 came into force by operation of law – Section 14(1) clearly envisage that the possession of the female must be under some vestige of a claim, right or title or under any of the devise which has been purported under the law – On facts, claim of the appellant-daughter from the second marriage, that property orally gifted to her mother by her father in 1950, became her mother’s absolute property after the commencement of the 1956 Act, and Will executed by the father could not operate qua that property even if it is assumed to be valid, cannot be accepted – Appellant though was holding possession but not any valid possession over the subject property and opening of fiscal proceedings would not confer a right of acquisition by either of the devise which has been referred to under the explanation to s. 14(1).
Judge	Hon'ble Mr. Justice Ajay Rastogi
Neutral Citation	2019 INSC 462
Petitioner	Ajit Kaur @ Surjit Kaur
Respondent	Darshan Singh (dead) Through Lrs. & Ors.
SCR	[2019] 6 S.C.R. 443
Judgement Date	2019-04-04
Case Number	226

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Ajit Kaur @ Surjit Kaur Vs. Darshan Singh (dead) Through Lrs. & Ors.

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Ajit Kaur @ Surjit Kaur Vs. Darshan Singh (dead) Through Lrs. & Ors.

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