MALLESAPPA BANDEPP A DESAI AND OTHERS versus DESAI MALLAPPA AND OTHERS.

MALLESAPPA BANDEPP A DESAI AND OTHERS versus DESAI MALLAPPA AND OTHERS.

The doctrine of blending cannot apply to property held by a Hindu female as a limited owner. Such a female is not a coparcener and has no interest in coparcenary property. Property of a Hindu female as a limited owner does not become joint family property by mere management or pooling of income. Properties acquired under a compromise decree by the family manager, with family funds and consent, are for the benefit of the whole family and subject to partition. Properties specifically surrendered to an individual coparcener retain their character as such and not as joint family property.

Parties
Appellants: Mallesappa Bandeppa Desai and others; Respondents: Desai Mallappa and others
Jurisdiction
India
Judgment Date
09 February 1961
Procedural Posture
Civil Appeal / Supreme Court Appeal From Judgment and Decree of Madras High Court, A.s. Appeal No. 7 of 1949, Dated January 6, 1953
Outcome
Appeal partly allowed
Legal Topics
Doctrine of Blending, Coparcenary, Limited Estate of Hindu Female, Joint Family Property, Partition Suit
Hindu Law Doctrine of Blending Coparcenary Limited Estate of Hindu Female Joint Family Property Partition Suit

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Parties

Mallesappa Bandeppa Desai and others

Appellants

Desai Mallappa and others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From Judgment and Decree of Madras High Court, A.s. Appeal No. 7 of 1949, Dated January 6, 1953

Legal Issues

  1. 1 Whether the doctrine of blending applies to property held by a Hindu female as a limited owner
  2. 2 Whether properties acquired by a Hindu female from her father as a limited owner became joint family property by blending
  3. 3 Entitlement of appellants to a share in properties acquired under a compromise decree

Ratio Decidendi

The doctrine of blending cannot apply to property held by a Hindu female as a limited owner. Such a female is not a coparcener and has no interest in coparcenary property. Property of a Hindu female as a limited owner does not become joint family property by mere management or pooling of income. Properties acquired under a compromise decree by the family manager, with family funds and consent, are for the benefit of the whole family and subject to partition. Properties specifically surrendered to an individual coparcener retain their character as such and not as joint family property.

Court Disposition

Appeal partly allowed

Orders

  • Decree passed by the High Court modified by giving the appellants their half share in the properties described in Schedule C.
  • The rest of the decree passed by the High Court is confirmed.