Disposal of Property under Section 27 of Hindu Marriage Act 1955

1. Disposal of Property under Section 27 of Hindu Marriage Act 1955 Section 27 from Hindu Marriage Act 1955 which express that “In any proceeding under this Act, the court may make such provisions in the decree as it deems just and proper with respect to any property presented, at or about the time of marriage, which may belong jointly to both the husband and the wife.” In the case of Vijay Kumar Duggal vs. kamlesh Kumari P & H court say that order can be passed in respect of iron petti, sewing machine, ceiling fan, sofa set, double bed and dining table which are joint property for joint use of parties. Entire article including gold ornaments, clothes, cash, utensils directed to be returned to wife. In the case of Mehul Mahendra Thakkar vs. Meena Mehul Thakkar Supreme Court Held that the disposal of property – By the impugned order, the court has directed the court Receiver to take possession of the flat from the appellant and induct respondent- wife in the flat during the pendency of the appeal. Family Court has reached the conclusion that both the husband and wife are joint owners of flat. Whether independent application U/S 27 of Hindu marriage Act is maintainable? From the perusal of the provision of section 27, it is clear that the application under section is not maintainable independently. As per section 27 in any pending proceeding under this Act the court may make such provision in the decree as it deems just and proper with respect to any property presented, at or about the time of marriage. As under section 27 of the Act no such independent application is maintainable. The high court of Madhya Pradesh in the case of Lalita Devi Vs. Laxminarayan The court has dismissed application of the appellant under 27 of the Hindu marriage Act, 1955 on the ground that no proceedings under Hindu marriage Act are pending between the parties.

2. Role of Section 27 Hindu Marriage Act 1955 in Property Disputes between Spouses Section 27 Hindu Marriage Act 1955 is an important provision that governs the rights of spouses in property disputes. This section provides that any property acquired by either spouse during the course of the marriage is to be considered joint property, and both spouses have an equal right to it. This means that if one spouse acquires property during the marriage, the other spouse is entitled to a share of it. Section 27 also provides that if one spouse has acquired property prior to the marriage, then that property remains the sole property of the spouse. This means that the other spouse does not have any right to the property, and cannot claim a share of it. In addition, section 27 also provides that if one spouse has acquired property through inheritance or gift, then that property remains the sole property of that spouse. This means that the other spouse does not have right to the property, and cannot claim a share of it. Section 27 Hindu Marriage Act 1955 is an important provision that governs the rights of spouses in property dispute. It provides that any property acquired by either spouse during marriage is to be considered joint property, and both spouses have an equal right to it.