Supreme Court, in Uttam vs. Saubhag Singh, has summarized the law governing the Mitakshara joint family property, prior to the amendment of 2005.
Apex Court bench comprising of Justices Kurian Joseph and R.F. Nariman was hearing an appeal arising from a suit for partition, which was dismissed both by Trial Court and the High Court, holding that the date of the birth of the plaintiff in 1977 the said ancestral property, not being joint family property, the suit for partition of such property would not be maintainable.
The Apex Court summarized the law regarding the joint family property governed by Mitakshara School as follows.
The Court finally dismissed the appeal upholding the findings of High Court and the Trial Court.
Read the Judgment here.