VidhiSangh

Supreme Court of India · 16/05/2024

MUKATLAL versus KAILASH CHAND (D) THROUGH LRS. AND ORS.

[2024] 6 S.C.R. 298 · 2024 INSC 428

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Summary

A widow’s recognised right to maintenance from joint-family property did not, without acquisition and actual or legal possession of that property, enlarge into absolute ownership under Section 14(1). Her earlier unchallenged decree had rejected title and possession, preserving maintenance alone. Her adopted son could not inherit the asserted ownership and maintain the later partition suit. The High Court judgments were reversed and the revenue suit dismissed.

Issues

  1. Whether maintenance rights alone established ownership under Section 14(1).
  2. Whether the widow or her heir had acquired or possessed the property.
  3. Whether Munni Devi supported the subsequent partition claim despite the earlier final decree.

Provisions considered

Held

Result

Appeal allowed; Single Judge and Division Bench judgments set aside. Revenue partition suit dismissed; no costs.

Judgment PDF: Supreme Court of India, [2024] 6 S.C.R. 298.