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Separate Property Acquired by a Mitakshara Hindu Who Died Before 1956 Devolves Entirely Upon His Son: Kerala High Court

07 Oct 2025 3 min read
Separate Property Acquired by a Mitakshara Hindu Who Died Before 1956 Devolves Entirely Upon His Son: Kerala High Court

The Kerala High Court, in a significant interpretation of pre-1956 Hindu inheritance law, held that the separate property acquired by a Hindu governed by Mitakshara law, who died before the enactment of the Hindu Succession Act, 1956, devolves entirely upon the son. This ruling reaffirms the unamended principles of Mitakshara law, where male heirs had an exclusive right over a father's separate estate in the absence of any codified legislation…

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