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SUPREME COURT OF INDIA

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PETITIONER:

DHARMA SHAMRAO AGALAWE

Vs.

RESPONDENT:

PANDURANG MIRAGU AGALAWE & ORS.

DATE OF JUDGMENT22/02/1988

BENCH:

VENKATARAMIAH, E.S. (J)

BENCH:

VENKATARAMIAH, E.S. (J)

SINGH, K.N. (J)

CITATION:

1988 AIR 845 1988 SCR (2)1077

1988 SCC (2) 126 JT 1988 (1) 376

1988 SCALE (1)365

ACT:

Hindu Adoptions and Maintenance Act, 1956-Section 12-

Proviso (c)-Interpretation of-Whether a person adopted by a

Hindu widow can claim share in the joint family property

which had devolved on a sole surviving coparcener on the

death of the husband of the widow who took him in adoption-

Whether it bars filing of a suit for that purpose.

Hindu Law-Mitakshara School-Joint family property

devolving on a sole coparcener-Whether remains joint family

property-Distinction between powers of manager of joint

family property and sole surviving coparcener-Whether a

person adopted by a widow after the Hindu Adoption and

Maintenance Act, 1956 came into force can claim share in the

joint family property which had devolved on a sole

coparcener prior to the Act.

HEADNOTE:

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