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august 1969

Supreme Court of India · 1969-08-20

SITABAI & ANR. vs RAM CHANDRA

Citation / case number
SC 1966/60304
Court
Supreme Court of India
Petitioner
SITABAI & ANR.
Respondent
RAM CHANDRA
Bench
RAMASWAMI

Judgment text excerpt

The Supreme Court held that joint family properties retain their character in the hands of a surviving brother when the widow of the deceased brother is alive and entitled to maintenance, as established in Gowli Buddanna v. C.I.T. Mysore. The Court further clarified that under the Hindu Adoptions and Maintenance Act, 1956, an adopted child by a widow becomes a coparcener with the surviving brother, thus granting the adopted son rights to the joint family properties after the surviving brother's death. The Court ruled in favor of the appellants, allowing their claim to the joint family properties except for the half share bequeathed under the will.

SITABAI & ANR. vs RAM CHANDRA · Niyam