Section 27 HMA: Disposal of property

Hindu Marriage Act, 1955

Section 27 HMA at a Glance

Section 27 HMA lets the court, in any Hindu Marriage Act proceeding, include just and proper directions in the decree regarding property presented at or about the time of marriage that may belong jointly to both spouses.

Section 27 HMA Bare Act Text

27. Disposal of property.
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.

Section 27 HMA in Simple Words

Section 27 HMA deals with how a marriage court disposes of joint wedding gifts and property when deciding a case under the Hindu Marriage Act, 1955. In any proceeding under the Act, such as a divorce petition under Section 13 HMA, the court may make provisions in the decree (the court's formal final decision) regarding eligible property.

Two conditions in Section 27 HMA define which property is covered. First, the property must have been presented at or about the time of marriage. Second, it must be property which may belong jointly to both the husband and the wife.

Where those conditions are met, the court has discretion over the terms of division or return and may include in the decree whatever provisions the court deems just and proper. Because the direction forms part of the decree, it is appealable as part of the decree under Section 28(1) HMA, provided the appeal is not on costs only.

When Section 27 HMA Applies

A proceeding under the Hindu Marriage Act, 1955 is before the court.
The property in question was presented at or about the time of marriage.
The property is such as may belong jointly to both the husband and the wife.
The court makes such provisions in the decree as the court deems just and proper.

Example of Section 27 HMA

Mehul and Madhuri are parties to a divorce proceeding under Section 13 HMA in Vadodara. At the time of the wedding, relatives presented furniture and silver utensils worth ₹1.5 lakh to Mehul and Madhuri together for the couple's joint household. Both spouses ask the Vadodara court to settle what happens to those wedding gifts under Section 27 HMA. When passing the divorce decree, the court finds that the items were presented at the time of marriage and belong jointly to both the husband and the wife, and includes a provision in the decree dividing the items equally between Mehul and Madhuri.

When Section 27 HMA Does Not Apply

Where there is no proceeding under the Hindu Marriage Act, 1955 in which the court is passing a decree.
Where the property was not presented at or about the time of marriage.
Where the property does not belong jointly to both the husband and the wife.

FAQs on Section 27 HMA

What is Section 27 HMA?▼

Section 27 HMA allows the court, in any Hindu Marriage Act proceeding, to make just and proper provisions in the decree regarding joint marriage gifts. It covers property presented at or about the time of marriage that may belong jointly to both the husband and the wife.

Does Section 27 HMA cover all property owned by a married couple?▼

No. Section 27 HMA covers only property presented at or about the time of marriage which may belong jointly to both the husband and the wife.

When does the court pass property directions under Section 27 HMA?▼

In the decree. Section 27 HMA empowers the court to make property provisions in the decree passed in a proceeding under the Hindu Marriage Act, 1955.

Can a property provision made in a decree under Section 27 HMA be appealed?▼

Yes. Because directions under Section 27 HMA are made in the decree, the decree is appealable within 90 days under Section 28(1) HMA and Section 28(4) HMA, subject to the bar on appeals about costs only.

Have questions about Section 27 HMA?

Ask NyayGuru about your situation and get an answer based on the Hindu Marriage Act, 1955.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Hindu Marriage Act, 1955 ·