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.