sathyanrayana J (sse) 26 July 2016

Hindu joint family property

Dear sir,

My father purchased a property on my mother's name in 1970. My father is expired in 1995.Best of my knowledge my mother is the obsolute owner for this property. I heard there is SC judgement in 2014, if the owner of the property(my mother) is not having any source of income, then it would be considered as a family property. we are undivided Hindu family(my mother, myself and my sister).

If anyone in this forum know about it, please reply me details.

Thanks

Satya

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12 Replies

Kumar Doab (FIN) 26 July 2016

Can you post the link to the said judgment:

"SC judgement in 2014, if the owner of the property(my mother) is not having any source of income, then it would be considered as a family property. '

Kumar Doab (FIN) 26 July 2016

You have posted in many threads and knowledgable comments.

Pls post the detail of the said judgment.

It is felt that the property obtained from husband might have become her absoloute property.

https://www.lawyersclubindia.com/forum/What-is-ancestor-property--129214.asp

https://www.lawyersclubindia.com/forum/details.asp?mod_id=129168&offset=1

https://www.lawyersclubindia.com/forum/Settlement-deed-130570.asp

https://www.lawyersclubindia.com/forum/details.asp?mod_id=131028&offset=1

(We can give the gift within blood relation. Gift or settlement can not be revoked once done?

In following conditions we can revoke gift or settlement only in civil court.

1. undo influence or fraud or miss representation ( must be proved in court)

2. As per 2007 senior citizens act, senior citizen can revoke gift or settlement ourside the court also.

)

https://www.lawyersclubindia.com/forum/details.asp?mod_id=132198&offset=0

(Your grandfather's sister does not have any right as per your descriptttion.

This is with reference to latest Supreme Court civil appeal no 7217 of 2013.

Father and daughter must be alive by 2015 then only daughter will get right on father's property. As you mentioned your grand father expired in 1989. So your Aunt and her successors doesnot get right in the property.

)

https://www.lawyersclubindia.com/forum/details.asp?mod_id=129671&offset=1

sathyanrayana J (sse) 26 July 2016

I don't have that link. I am seeking forum help to get that judgement. one of the lawyer told me this. He has not given any details about it.

Sorry for not giving detials of judgements.

sathyanrayana J (sse) 26 July 2016

This is one of judgement in 2013 on joint family property.

https://indiankanoon.org/doc/98295226/

sathyanrayana J (sse) 26 July 2016

civil appeal of 1499 of 2004 decided on april 10 of 2013

Please advice, would this be helpfull

Kumar Doab (FIN) 26 July 2016

Supreme Court of India

V.K. Surendra vs V.K. Thimmaiah & Ors on 10 April, 2013

https://indiankanoon.org/doc/98295226/

https://judis.nic.in/supremecourt/imgs1.aspx?filename=40267

14. We have noticed that though the appellant examined himself as DW.4 he failed to produce either documentary or oral evidence to show the lands at items Nos.2,3 and 5, situated at Village Kaikere are the self-acquired properties of Kunnaiah. In absence of any division in the family of Kunnaiah and his sons, we hold that the family of Kunnaiah continued to be the joint family. If a co-parcener of a joint family claims that properties are his self-acquired properties, the burden is on him to prove that the same are the self-acquired properties. In that background the High Court has rightly held that Kunnaiah had no right to change the character of the joint family properties by transferring the same either under a Will or a gift to any party without the consent of the other co-parceners.

Kumar Doab (FIN) 26 July 2016

How does it relate to your contention that;

'if the owner of the property(my mother) is not having any source of income, then it would be considered as a family property. '

Kumar Doab (FIN) 26 July 2016

Look at the inferences in:

Supreme Court of India

Marabasappa (D) By Lrs. & Ors vs Ningappa & Ors on 8 September, 2011

https://indiankanoon.org/doc/185505176/

12.............................. In any event, whenever a mother is there and the properties are purchased in the name of the mother, the presumption is that it is for the benefit of the family. It is nobody's case that the lands purchased is for the intention and for the benefit of the mother alone and she also did not differentiate between her sons and daughters. This is a natural and human aspect which has not been considered by the trail court. ...............................................The sale is taken in the name of the mother. Therefore, in my opinion, the purchase made by the mother is only from and out of the income from the family and there is no evidence to show that she had any independent or individual income from the gifted property to purchase these properties. Therefore, irresistible inference shall be drawn that the property purchased in the name of the mother is for the benefit of all the members of the family.

21. Section 14 of the Hindu Succession Act, 1956 clearly mandates that any property of a female Hindu is her absolute property and she, therefore, has full ownership. The Explanation to sub-section (1) further clarifies that a Hindu woman has full ownership over any property that she has acquired on her own or as stridhana. As a consequence, she may dispose of the same as per her wish, and that the same shall not be treated as a part of the joint Hindu family property.

Kumar Doab (FIN) 26 July 2016

Beyond this consult a very able counsel specializing in such matters with all docs and inputs on record.

sathyanrayana J (sse) 27 July 2016

Thank you so much for your response sir. After reading this, my understanding is whatever property purchased on my mother's name is a joint family property. Because it is not purchased with her own earning or Stridhana.

I follow your instructions and consult a able lawyer.

Thank you so much