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december 1958

Supreme Court of India · 1958-12-19

GUMMALAPURA TAGGINA MATADAKOTTURUSWAMI vs SETRA VEERAVVA AND OTHERS

Citation / case number
SC 1955/53
Court
Supreme Court of India
Petitioner
GUMMALAPURA TAGGINA MATADAKOTTURUSWAMI
Respondent
SETRA VEERAVVA AND OTHERS
Bench
IMAM, SYED JAFFER

Judgment text excerpt

The Supreme Court interpreted Section 14(1) of the Hindu Succession Act, 1956, which states that any property possessed by a female Hindu shall be held as full owner. The Court held that 'possession' includes both actual and constructive possession, and since the widow of K was deemed to be in constructive possession of her husband's estate, she became the full owner despite the adopted son being in actual possession. Consequently, the appellant's suit for declaring the adoption invalid was dismissed as not maintainable.

GUMMALAPURA TAGGINA MATADAKOTTURUSWAMI vs SETRA VEERAVVA AND OTHERS · Niyam