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august 1963

Supreme Court of India · 1963-08-19

GURAMMA BHRATAR CHANBASAPPA DESHMUKH AND ANOTHER vs MALAPPA

Citation / case number
SC 1960/214
Court
Supreme Court of India
Petitioner
GURAMMA BHRATAR CHANBASAPPA DESHMUKH AND ANOTHER
Respondent
MALAPPA
Bench
SUBBARAO

Judgment text excerpt

The Supreme Court held that the existence of a son in embryo does not invalidate an adoption, affirming the High Court's decision regarding the alienations made by the deceased. The Court established that a managing member of a joint family can alienate property for family necessity, but such powers are limited if a male child is conceived or adopted. The Court ruled that gifts to strangers of joint family property are void, as the manager lacks absolute disposal power over such property. The judgment clarified the rights of daughters and sisters in family property under Hindu Law.

GURAMMA BHRATAR CHANBASAPPA DESHMUKH AND ANOTHER vs MALAPPA · Niyam