Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Hindu Women's Rights to Property Act (XVIII of 1937) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Hindu Women`s Rights to Property Act, 1937 (18 of 1937) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Hindu Women's Rights to Property Act (XVIII of 1937), s. 3- Right to shebaitship - Whether "property"-Applicability of Act Widow's right to joint shebaitship with son-Construction of deeds -"Heirs of A," meaning of. The word "property" as used in s. 3 (l) of the Hindu Women's Rights to Property Act, 1937, includes shebaitship which is a recognised form of property under Hindu law, and there is nothing in any of the provisions of the said Act which excludes from the y scope and operation of the Act succession to shebaitship. Even assuming that ·the word "property" in Act XVIII of 1937 is ·to be interpreted in a narrower sense, inasmuch as succession to shebaitship follows succession to property in its ordinary or secular sense and the Hindu Women's Rights to Property Act, 1937, fays down the law of. succession to property in general, the devolution of shcba1tsh1p will also be governed by the said Ate .Umayal Achi v. Lakshmi Achi [1945] F.C.R. I, commented upon. Suryanarayanacharyulu v. Seshamma (A.IR. 1950 Mad. 103) approved.A deed of dedication of properties to a deity provided that the settlor shall during her life-time be the shebait of the said deity and that after her death, her son M shall be the shebait. It provided further that after M's death, M's wife K and after K's death, the heirs of M shall be the shebaits. If M died without any issue or without giving authority to his wife to adopt, M shall be competent to appoint a shebait by will, but in case M died without any issue, the shebaitship shall, after the death of his wife devolve upon his heirs under the Hindu law. M died in 1942 leaving a son by his first wife K, and a second wife. In a suit by the second wife for a declaration that she was entitled to the shebaitship as sole shebait or in any event as a joint shebait with her step-son : |
Judge | Honble Mr. Justice Bijan Kumar Mukherjea |
Neutral Citation | 1951 INSC 28 |
Petitioner | ANGURBALA MULLICK |
Respondent | DEBABRATA MULLICK |
SCR | [1951] 1 S.C.R. 1125 |
Judgement Date | 1951-05-03 |
Case Number | 22 |
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