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1998 (3) TMI 631 - SC - Indian LawsWhether mere existence of a right to maintenance as 15.2. 1970 is sufficient? Held that:- Neither under the customary Hindu law, nor under the Hindu Marriage Act, 1955 nor under the Hindu Succession Act, 1956 nor under the Hindu Adoptions and Maintenance Act, 1956 is there any provision which gives a share to a wife in the joint family property held her husband nor to a mother in the joint family property allotted to her son in a partition. As already stated that a wife or a mother in a Hindu joint family does not basically have a share in the joint family property and she has on a right to maintenance and the mere existence of such a right against the joint family property as on 15.2.1970 could not, in law, be treated as being equivalent to ’holding’ a share in the joint family property, as on that date. The fact that land was reduced to the possession of the second appellant on 24.9.1970, could not be equated with her possession on 15.2.1970. Appeal failed.
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