Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Hindu Succession Act 1956 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Issue for consideration:Whether under the provisions of the Hindu Succession Act, 1956,the widow of the pre-deceased son has the first right or entitlementto receive any share in the share of her mother-in-law.Hindu Succession Act, 1956 – ss. 15 (1)(a) and 16 – Rules ofsuccession in the case of female Hindus – Order of successionand manner of distribution among heirs of a female Hindu –First right of widow of the pre-deceased son to receive anyshare in the share of her mother-in-law:Held: A combined reading of s. 15(1)(a) and s. 16 would make itmanifest that the property of a female Hindu dying intestate shalldevolve, firstly, upon the sons and daughters (including the childrenof any pre-deceased son or daughter) and the husband – Thus,the plaintiff being the widow of the pre-deceased son does nothave the first right or entitlement to receive any share in the shareof her mother-in-law – No perversity in the findings recorded bythe High Court holding that all the suit properties are joint familyproperties – However, the High Court is not correct in allotting1/16th share to the plaintiff out of the share of her mother-in-lawin the suit properties – Impugned judgment rendered by the HighCourt is modified only to the said extent. [Para 13, 10, 14] |
Judge | Hon'ble Mr. Justice Prashant Kumar Mishra |
Neutral Citation | 2023 INSC 984 |
Petitioner | Sachidhanandam Since Dead Through His Lrs. |
Respondent | E. Vanaja And Ors. |
SCR | [2023] 14 S.C.R. 240 |
Judgement Date | 2023-11-06 |
Case Number | 3667 |
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