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september 1966

Supreme Court of India · 1966-09-15

AMMATHAYEE AMMAL & ANR. vs KUMARESAN & OTHERS

Citation / case number
SC 1964/90546
Court
Supreme Court of India
Petitioner
AMMATHAYEE AMMAL & ANR.
Respondent
KUMARESAN & OTHERS
Bench
WANCHOO, K.N.

Judgment text excerpt

The Supreme Court held that under Section 112 of the Indian Evidence Act, there is a conclusive presumption of legitimacy for a child born during a valid marriage, which the appellants failed to rebut. The Court ruled that a husband cannot gift ancestral immovable property to his wife as such gifts are not permitted under Hindu Law, and the term 'pious purposes' does not extend to include such gifts. Consequently, the gift made by the deceased husband to his second wife was deemed invalid, affirming the lower courts' findings in favor of the plaintiff son.

AMMATHAYEE AMMAL & ANR. vs KUMARESAN & OTHERS · Niyam