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Property in the name of mother -whether is joint family property or her stridhan

Started by bpagrawal, March 30, 2013, 09:49:53 PM

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bpagrawal

Property in the name of mother -whether is joint family property or her stridhan property?

There is no presumption
of a joint Hindu family but on the evidence if it is established that the property was joint Hindu family and the other properties were acquired out of that nucleus, if the initial burden is discharged by the person who claims joint Hindu family, then the burden shifts to the party alleging self-acquisition to establish affirmatively that property was acquired without the aid of the joint family property by cogent and necessary evidence.
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.
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.
//http://www.lawweb.in/2013/03/property-in-name-of-mother-whether-is.html