Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Hindu law - Hindu undivided family - Hindu widow - Role assigned - Held: Hindu Widow is not a coparcener in the HUF of her husband and cannot act as Karta of the HUF after the death of her husband - Hindu Widow can act as the Manager of the HUF in her capacity as the guardian of the sole surviving minor male coparcener - thus |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Hindu law — Hindu undivided family — Hindu widow — Role assigned — Held: Hindu Widow is not a coparcener in the HUF of her husband and, thus, cannot act as Karta of the HUF after the death of her husband — Hindu Widow can act as the Manager of the HUF in her capacity as the guardian of the sole surviving minor male coparcener ~ Two expressions Karta and Manager are not synonymous — Expression ‘Manager’ may be understood as denoting a role distinct from that of the Karta — In a case where male adult coparcener has died and there is no male coparcener . Surviving or where the sole male coparcener is a minor, the HUF does not come to an end — Mother of the male coparcener can act as the legal guardian of the minor and also look after his role as the Karta in her capacity as his (minor’s) legal guardian — On facts, respondent was the only surviving male coparcener after the death of his father and was a minor — Materials on record indicate that the natural mother of minor played a submissive role .in the affairs of the joint family and the step mother played an active and dominant role in managing the said affairs, in her capacity as the step mother of the respondent and the said role was not opposed by the natural mother — Step mother had purchased the suit property out of the joint family funds namely insurance money, thus, the suit property was a joint family property, the respondent was entitled to seek partition thereof and on that basis the apportionment of shares in the suit property between the respondent and the eighth defendant-respondent's step sister's adopted daughter nghtly made by the High Court. . Dismissing the appeals, the Court |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2015 INSC 934 |
Petitioner | Shreya Vidyarthi |
Respondent | Ashok Vidyarthi & Ors. |
SCR | [2015] 14 S.C.R. 1190 |
Judgement Date | 2015-12-16 |
Case Number | 3162-3163 |
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