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october 1953

Supreme Court of India · 1953-10-14

C. N. ARUNACHALA MUDALIAR vs C. A. MURUGANATHA MUDALIAR AND ANOTHER

Citation / case number
SC 1952/43
Court
Supreme Court of India
Petitioner
C. N. ARUNACHALA MUDALIAR
Respondent
C. A. MURUGANATHA MUDALIAR AND ANOTHER
Bench
MUKHERJEA, B.K.

Judgment text excerpt

The Supreme Court ruled that property gifted by a father to his son does not automatically become ancestral property, as per Hindu law. The court emphasized that the father's intent, as expressed in the gift deed or will, determines the nature of the interest conferred. If the will grants absolute rights and powers of alienation to the sons, the property is not considered ancestral vis-à-vis their male descendants. The court upheld the lower court's decision, affirming that the sons had full rights over the gifted property.

C. N. ARUNACHALA MUDALIAR vs C. A. MURUGANATHA MUDALIAR AND ANOTHER · Niyam