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july 1979

Supreme Court of India · 1979-07-31

KRISHNABAI DESHMUKH vs TULJERAMARAO NAMBIAR & ORS.

Citation / case number
SC 1969/60185
Court
Supreme Court of India
Petitioner
KRISHNABAI DESHMUKH
Respondent
TULJERAMARAO NAMBIAR & ORS.
Author
RANJIT SINGH SARKARIA
Bench
RANJIT SINGH SARKARIA

Judgment text excerpt

The Supreme Court held that the unity of ownership and commonsality of enjoyment are essential attributes of an undivided Hindu family under the Mitakshra concept. The Court found that the appellant's father had effectively severed the joint family status by indicating his intention to live separately, which was supported by the recitals in the deed of settlement (Ext. 39). Consequently, the lands in question were deemed to be the separate property of the appellant's father, and upon his death, they were inherited by the appellant, dismissing the plaintiffs' claim to the lands.

KRISHNABAI DESHMUKH vs TULJERAMARAO NAMBIAR & ORS. · Niyam