Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Widow's estate Hindu Succession Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Hindu Succession Act, 1956 (30 of 1956) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Hindu Succession Act, 1956 :Widow's estate - Alienation of Widow's estate prior to coming into force of 1956 Act - Alienation without legal necessity - Rights of alienee vis. a vis. Rights of reversioner - Held, not a valid transfer of title and alienee would only get a transitory limited right to enjoy the property during the lifetime of the widow and after the widow's death such property from the alienee would revert back to the reversioners of her husband. Alienation of widow's estate in favour of Female Hindu prior to coming into force of Hindu Succession Act, 1956 - Effect of coming into force of Hindu Succession Act, 1956 - S. 14( 1) & (2) - Scope of - Held, widow cannot get the benefit of S. 14( 1) as she has relinquished all her rights in the property by the transfer and cannot be said to be possessed of the property before the coming into force of the 1956 Act. Female Hindu - Applicability of benefit under Section 14(1) - Held, when female Hindu acquires and possesses the property in recognition of her pre-existing right, she would become full owner of the property. Female Hindu-Applicability of S. 14(2) - Held, when she gets the right for the first time under an instrument or order without any pre-existing right and such instrument or order must prescribe a restrictive estate in the property. Words & Phrases - 'Possessed by' - Meaning of in the context of Hindu Succession Act, 1956. Interpretation of Statutes - Social and Beneficial Legislation - Held, interpretation should not be restrictive but liberal in nature and legislation which restricts the scope of social and beneficial legislation should be given restrictive interpretation. |
Judge | Hon'ble Mr. Justice Ajay Prakash Misra |
Neutral Citation | 1999 INSC 46 |
Petitioner | Naresh Kumari (dead) By Lrs. And Another |
Respondent | Shakshi Lal (dead) By Lrs. And Another |
SCR | [1999] 1 S.C.R. 438 |
Judgement Date | 1999-02-05 |
Case Number | 1798 |
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