Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | U.P. Zamindari Abolition and Land Reforms Act 1950 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Land Laws: U.P. Zamindari Abolition and Land Reforms Act, 1950-Sections 171, C 172(2)(a)(i), 172(2)(a)(ii), 174, 175- Wife of the appellant inheriting 2/5th share each in two khatas in question from her father and was a co-bhumidar along with other co- tenure-holders-Appellant claiming his right as tenure holder in place of his wife after her death-Entitlement of-Held, the wife of the appellant inherited the property from her father under the personal law as limited estate and thus after her death, the interest in the property in question would pass to the co-tenure holders by survivor-ship and not devolve upon the appellant-Appellant's wife having died prior to the coming into force of the Hindu Succession Act, Section 14 of the said Act is not applicable and ownership of property is thus governed by personal law wherein the property E inherited by any female from a male is held as limited estate and not absolute estate-Hindu Succession Act, 1956-Section 14. Law of Inheritance-Variation in-Female Bhumidar having absolute right to transfer under the U.P. Zamindari Abolition and Land Reforms Act, having only a limited right under the personal law for the purposes of inheritance-Though paradoxical, this is what legislature intends-Law of inheritance varies for different properties under different statutes for the same person. |
Judge | Hon'ble Mr. Justice Ajay Prakash Misra |
Neutral Citation | 2000 INSC 35 |
Petitioner | Moolchand |
Respondent | Kedar (deceased) By Lrs. And Ors. |
SCR | [2000] 1 S.C.R. 448 |
Judgement Date | 2000-01-28 |
Case Number | 648 |
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