Supreme Court · 2021 INSC 224 · Decided 5 April 2021

Kiran Devi v. The Bihar State Sunni Wakf Board & ORS.

Court
Supreme Court of India
Citation
2021 INSC 224 · [2021] 7 S.C.R. 86
Case number
CIVIL APPEAL No. 6149/2015
Decided
5 April 2021
Bench
ASHOK BHUSHAN, S. ABDUL NAZEER, HEMANT GUPTA (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution Article 226, 227

Headnote

Hindu Law: Hindu joint family property - Presumption of - Held: There can be presumption of Hindu joint family property if the property has been acquired by the male member or if the same has been treated as joint Hindu family - However, no such to a business activity carried out by an individual in a tenanted premise - Even if a male member had taken premises on rent, he is tenant in his individual capacity and not as Karta of Hindu Undivided Family in the absence of any evidence that Karta was doing the business for and on

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