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august 1996

Supreme Court of India · 1996-08-06

LAXMAPPA & ORS vs SMT. BALAWA KOM TIRKAPPA CHAVDI

Citation / case number
SC 1987/71132
Court
Supreme Court of India
Petitioner
LAXMAPPA & ORS
Respondent
SMT. BALAWA KOM TIRKAPPA CHAVDI
Author
K. VENKATASWAMI MADAN MOHAN PUNCHHI
Bench
K. VENKATASWAMI MADAN MOHAN PUNCHHI

Judgment text excerpt

The Supreme Court held that under Section 14(1) of the Hindu Succession Act, 1956, the plaintiff-respondent became the absolute owner of the property gifted to her by her father and adopted son, as the adopted son had a legal obligation to maintain her. However, the Court found that the father's moral obligation to maintain his daughter did not equate to a legal obligation, thus the portion of the gift from the father fell under Section 14(2) and would revert to his heirs upon her death. The High Court's ruling was affirmed, recognizing the distinction between legal and moral obligations in the context of property rights.

LAXMAPPA & ORS vs SMT. BALAWA KOM TIRKAPPA CHAVDI · Niyam