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.