AI Overview...
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Heirs Definition - The term heirs as interpreted in Angurbala Mullick v. Debabrata Mullick (AIR 1951 SC 293) cannot be restricted solely to issues (children or descendants); it broadly includes all persons entitled to inheritance under law. The Supreme Court emphasized that heirs encompasses a wider class beyond immediate issue Angurbals Mullick VS Debabrata Mullick - Supreme Court, N. Krishnammal VS R. Ekambaram - Supreme Court.
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Scope of Property and Heirship - The case clarified that many property under Section 3(1) of the Act includes all types of property, and the law recognizes that heirs possess rights in inheritance, not limited to natural descendants. The judgment also discussed how property rights of a female Hindu are fully recognized under Section 14 of the Hindu Succession Act, 1956, whether acquired before or after the Act’s commencement Angurbals Mullick VS Debabrata Mullick - Supreme Court, TH. BRASHBHANJI MAHARAJ VIRAJMAN mandir OASBA BARSENA VS KAMPURI - Allahabad.
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Shebaitship and Will - The Supreme Court examined whether shebaitship (trusteeship of deity property) can be created via will. It held that shebaitship can indeed be a subject of a will, and the interpretation of such provisions was discussed in the context of Hindu law and the Court’s earlier decisions S. Rathinam @ Kuppamuthu VS L. S. Mariappan - Supreme Court.
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Implication for Disputes - The case involved disputes between a widow and her minor son over inheritance, highlighting the importance of proper legal interpretation of inheritance terms and property rights under Hindu law. The Court’s decision clarified that inheritance rights extend to all entitled persons, including non-issue heirs, and emphasized the broad legal understanding of heirs Sm. Angurbala Mullick VS Debabrata Mullick - Calcutta.
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Reliance on Precedents - The judgment drew upon earlier decisions, including Lakshmi Achi (1945) and other cases, to support its interpretation of inheritance laws, reinforcing that the law recognizes a wide scope of heirs and property rights Manohar Lal Ganeriwal VS Bhuri Bai - Supreme Court.
Analysis and Conclusion
The Angurbala Mullick case is a landmark judgment that broadens the understanding of heirs in Hindu law, emphasizing that it includes all persons entitled to inheritance, not merely issue. It also clarifies that shebaitship can be created through a will and that property rights of Hindu females are fully recognized under the law. The case underscores the importance of interpreting inheritance and property laws comprehensively, considering both statutory provisions and judicial precedents.
Search Results for "Angurbala Mullick"
1951 0 Supreme(SC) 32 • India - Supreme Court
M.C.MAHAJAN, N.CHANDRASHEKAR AIYAR, B.K.MUKHERJEE, S.MURTAZA FAZAL ALI
The word “heirs” as pointed out in Angurbala Mullick v. ... Debabrata Mullick, AIR 1951 SC 293 = 1951(2) SCR 1125, cannot normally be limited to “issues” only. ... Angurbala as his second wife & within five months after this marriage Mrityunjoy died on 4-7-1942. The present suit was filed in the Original Side of the Calcutta H. ... Kiranbala Dassi, & after her death, the heirs of the said Mrityunjoy Mullick shall be & act as shebaits. ... Provided, however, that in case the said Mrityunjoy Mul....
2023 0 Supreme(Ori) 121 • India - Orissa
ARINDAM SINHA, M. S. SAHOO
Mullick vs. ... Debabrata Mullick. ... inserting his name and requested the Commissioner to consider his representation, relying on the judgment of the Supreme Court in Angurbala ... He relies on judgment of the Supreme Court in Angurbala Mullick vs. Debabrata Mullick, reported in AIR, 1951 SC 293. He submits, there be direction upon the Commissioner to consider his client's representation, in accordance with annexures-1 and 4.
1949 0 Supreme(Cal) 560 • India - Calcutta
Fact of the Case: The suit involved a dispute between the widow of Mrintunjoy Mullick and his minor son Debebrata Mallick ... . - This is a suit by the widow of Mrintunjoy Mullick deceased against his minor son Debebrata Mallick who is the sole defendant in this suit appearing through his guardian ad litem Goloke Nath Mullik appointed under order of this Court dated 21st November 1947.
1975 0 Supreme(Cal) 366 • India - Calcutta
SABYASACHI MUKHARJEE
1957 0 Supreme(All) 288 • India - Allahabad
D.N.ROY, J.N.TAKRU
Angurbala Mullick v. Debabrata Mullick, AIR 1951 S. C. 293 (G ). This, contention is however, devoid of all force. ... Angurbala Mullick (G) their Lordships of the Supreme Court considered the case of Umayal Achi (A) on that point alone and expressed their opinion. The question as to the interpretation of separate property was not even considered in it much less overruled.
2007 4 Supreme 397 • India - Supreme Court
S.B.SINHA, MARKANDEY KATJU
The learned counsel would contend that the issue is covered by a decision of this Court in Angurbala Mullick v. Debabrata Mullick2 [1951 SCR 1125]. ... ... 22.The question as to whether shebaitship can be a subject-matter of a will came up for consideration before a Four-Judge Bench of this Court in Angurbala Mullick (supra), wherein it was categorically held : ... “–As the ... The text of Hindu law and the aforesaid two decisions of this Court and the earlier decision in Angurbala #H....
1979 0 Supreme(SC) 253 • India - Supreme Court
O.CHHINNAPPA REDDY, R.S.SARKARIA
The word "heirs" as pointed out by this Court in Angurbala Mullick v. Debabrata Mullick, (1951) 2 SCR 1125 at p. 1144 cannot normally be limited to issues only. It must mean all persons who are entitled to the property of another under the law of inheritance.
2005 0 Supreme(All) 1998 • India - Allahabad
SUNIL AMBWANI
Angurabala Mullick Vs. ... Angurbala Mullick v. Debabrata Mullick, AIR (38) 1951 SC 293 in which it was held that the expression many property in Section 3 (1) of the Act prima facie includes. ... Debarata mullic (supra) but also on Section 14 of the hindu Succession Act. 1956, which provides that all properties possessed by a female hindu, whether acquired before or after the commencement of this Act shall be held by her as full owner thereof and not as a limted owner, He submits that....
1972 0 Supreme(SC) 52 • India - Supreme Court
D.G.PALEKAR, K.S.HEGDE, P.JAGANMOHAN REDDY
Lakshmi Achi, (1945) 7 FCR 1, which decision was quoted with approval by this Court in Angurbala Mullick v. Debabrata Mullick, 1951 SCR 1125. ... 7.
1998 7 Supreme 320 • India - Supreme Court
S.RAJENDRA BABU, S.SAGHIR AHMAD
However, Shri Kulkarni drew our attention to a decision of this Court in Angurbala Mullick v. ... Kulkarni, learned advocate for the appellants submitted that it is clear from the law laid down by this Court in Angurbala Mullick v. ... Debabrata Mullick (supra), to contend that on heir need not necessarily be natural descendant or one who is related by legitimate kinship, but others also and therefore if any interest in a property is devised to them, the same would not amount to assignment barred unde....
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