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.