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.
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.