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february 1980

Supreme Court of India · 1980-02-27

KALLYANI vs NARAYANAN AND ORS.

Citation / case number
SC 1969/60163
Court
Supreme Court of India
Petitioner
KALLYANI
Respondent
NARAYANAN AND ORS.
Bench
TULZAPURKAR, V.D.

Judgment text excerpt

The Supreme Court held that the deed executed by Karappan, styled as a will, is ineffective for disposing of ancestral properties as he lacked the authority to do so under Hindu Mitakshara law. The Court clarified that a Hindu father cannot will away ancestral property that his sons have an interest in by birth. The appeal was allowed, affirming that the properties in question remain joint family property and cannot be claimed individually by the widow of a deceased son.

KALLYANI vs NARAYANAN AND ORS. · Niyam