Law: Transfer of Property Act (IV of 1882)

Section: S. 44

Transfer of Property Act (IV of 1882), S. 44---Female member of undivided family-:Harried and residing with her husband in another locality-Cannot be allowed joint possession in dwelling house with person actually in exclusive possession of same.   A female member of an undivided family marrying and going to live in her husband's house prima facie gives up her intention of residing in the old house belonging to the family. Where, therefore, a woman who has married to a stranger family in a different locality and has been living as a member of that family ever since her marriage, is a stranger to the family of her parents and as such she cannot both in law and equity be allowed joint possession in dwelling house or huts with the person actually in exclusive possession of the same even though that person nay be her own brother.     JUDGMENT   This appeal arises out of a suit for declaration of Title to, and joint possession in, the disputed subject-matter, being the dwelling huts only, and the defendant is the appellant. The plaintiff's case was briefly as follows: -   The disputed huts of structures stand on the paternal homestead of the plaintiff andbelonged originally to her father Aftab Ali Khandkar. Aftab Ali Khandkar died leaving behind him one son, being the principal defendant, two daughters, i.e. the plaintiff and the pro forma defendant No. 2 and one widow, who is the pro-defendant No. 3. The plaintiff thus inherited a 3 annas 10 gandas share in her paternal properties including these in suit. It was alleged that the defendant No. 1 was trying to sell away the disputed huts and accordingly the plaintiff Instituted the present suit for the relief s already mentioned above. The suit was contested by the defendant No. 1. His main contention was that he has been in exclusive possession of the disputed huts ever since the death of his father and the plaintiff, who has been married to another family in a different locality, is not entitled to joint possession with him in the disputed structures, which are dwelling huts. Both the Courts below have concurrently affirmed her title as well as the share claimed by her on rejection…