VidhiSangh

Supreme Court of India · 04/04/2019

AJIT KAUR @ SURJIT KAUR versus DARSHAN SINGH (DEAD) THROUGH LRS. & ORS.

[2019] 6 S.C.R. 443 · 2019 INSC 462

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Summary

The Supreme Court rejected a claim of absolute ownership under Section 14 of the Hindu Succession Act where possession was not supported by an established vestige of title or qualifying acquisition. Revenue mutation alone did not supply that foundation. The earlier declaratory decree and the finally upheld will governed the property’s devolution. The decision distinguished property held in recognition of a proved pre-existing maintenance right from mere possession.

Issues

  1. Whether possession and mutation established absolute ownership under Section 14.
  2. What effect followed from the prior decree and the upheld will.

Provisions considered

Held

Result

Appeal dismissed without costs. High Court decision remained undisturbed; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2019] 6 S.C.R. 443.