Supreme Court of India · 1961-02-09
MALLESAPPA BANDEPPA DESAI AND OTHERS vs DESAI MALLAPPA AND OTHERS.
- Citation / case number
- SC 1956/134
- Court
- Supreme Court of India
- Petitioner
- MALLESAPPA BANDEPPA DESAI AND OTHERS
- Respondent
- DESAI MALLAPPA AND OTHERS.
- Bench
- GAJENDRAGADKAR, P.B.
Judgment text excerpt
The Supreme Court ruled that the doctrine of blending in Hindu Law does not apply to property held by a female as a limited owner, as it requires a coparcener to intentionally throw independently acquired property into the joint family stock. The Court disapproved the precedent set in Shiba Prasad Singh v. Rani Prayag Kumari Debi (1932) and clarified that a Hindu female cannot allow her limited estate to be treated as joint family property without showing intent to extinguish her title. The claim for partition of such property was therefore rejected.