Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Hindu law-Widow-Surrender 'to next reversioner |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Hindu law-Widow-Surrender 'to next reversioner and stranger-Validity-Compromise by widow-When binding O# reversioner. (1) (1918) 27 C.L.J. 532. A relinquishment by a Hindu widow of her estate in favour of the next reversioner and a stranger in equal moieties is not a valid surrender under Hindu law. A valid surrender cannot be made in favour of anybody except the next heir of the husband.Mummareddi Nagireddi v. Pitti Durairaia Naidu [19511 (S.C.R. 655) followed.It is competent to a Hindu widow to enter into a compromise in the course of the suit bona fide in the interest of the estate and not for her personal advantage and a decree passed on such a compromise will be binding on the reversioner. The question whether a compromise is a bona fide settlement of a disputed right between the parties depends on tho substance of the transaction and in order that it may bind the estate it should be a prudent and reasonable act. [On the facts their Lordships held, agreeing with the High Court, that the compromise in the present case was neither prudent nor reasonable so far as it affected the interests of the estate and of the ultimate reversioners and that it was not, therefore, binding on the reversioners.] |
Judge | Honble Mr. Justice Mehr Chand Mahajan |
Neutral Citation | 1952 INSC 23 |
Petitioner | Musammat Phool Kuer |
Respondent | Musammat Pem Kuer And Another |
SCR | [1952] 1 S.C.R. 793 |
Judgement Date | 1952-04-24 |
Case Number | 29 |
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