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february 1961

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.

MALLESAPPA BANDEPPA DESAI AND OTHERS vs DESAI MALLAPPA AND OTHERS. · Niyam