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november 1994

Supreme Court of India · 1994-11-30

KULDIP MAHATON AND OTHERS vs BHULAN MAHATO AND OTHERS

Citation / case number
SC 1984/68482
Court
Supreme Court of India
Petitioner
KULDIP MAHATON AND OTHERS
Respondent
BHULAN MAHATO AND OTHERS
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that under Hindu law, specifically the Hindu Women's Right to Property Act, 1937, a widow's right to inherit property is limited to a life estate unless otherwise specified. The Court found that the first respondent, claiming to be adopted, failed to prove ouster or hostile title against the co-owners after the widow's death, thus maintaining the presumption of co-ownership. The appeal was allowed, and the case was remanded for partition proceedings, affirming the co-owners' rights to the property.

KULDIP MAHATON AND OTHERS vs BHULAN MAHATO AND OTHERS · Niyam