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PETITIONER: C. N. ARUNACHALA MUDALIAR
Vs.
RESPONDENT: C. A. MURUGANATHA MUDALIAR AND ANOTHER
DATE OF JUDGMENT: 14/10/1953
BENCH: MUKHERJEA, B.K. BENCH: MUKHERJEA, B.K. MAHAJAN, MEHR CHAND JAGANNADHADAS, B.
CITATION: 1953 AIR 495 1954 SCR 243 CITATOR INFO : E 1965 SC1730 (10) RF 1967 SC 591 (8) R 1975 SC 431 (9) R 1987 SC 518 (7)
ACT: Hindu law-Gift-Property gifted by father to son-Whether ancestral property in the hands of son-Construction of will- Presumptions.
HEADNOTE: Property gifted by a father to his son could not become ancestral property in the hands of the son simply by reason of the fact that he got it from his father. The father is quite competent when he makes a gift, to provide expressly either that the donee would take it exclusively for himself or that the gift would be for the benefit of his branch of the family and if there are express provisions to that effect in the deed of gift or will, the interest which the son would take in such property would depend on the terms of the grant. If there are no clear words describing the kind of interest which the donee is to take, the question would be one of construction and the court would have to collect the intention of the donor from the language of the document taken along with the surrounding circumstances in accordance with the established...