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1 - 10 of 11 (0.26 seconds)Section 2 in The Hindu Succession Act, 1956 [Entire Act]
The Hindu Widows' Remarriage Act, 1856
Arshnoor Singh vs Harpal Kaur on 1 July, 2019
Since, the property involved in this case, was acquired by Radha Mahto
during his lifetime through partition therefore, the properties upon his
death exclusively devolved upon his wife Sohagi Devi and not upon his
daughters. In case the widow was not there, the properties would have
devolved upon his daughters and would not have gone into the hands of
his cousin Kashi Mahto by way of survivorship. The property did not
immediately devolve upon the daughters of Radha Mahto as the widow
was up in line in succession and once the widow remarried, she was to
be treated as good as dead and the property devolved upon the daughters
who were next in line to the widow and did not devolve upon the
agnates of Radha Mahto. This would be in view of the judgement
passed by the Hon'ble Supreme Court reported in (2022) 11 SCC 520
(supra) which has been discussed in details in the latter part of this
judgement.
Section 2 in The Hindu Widows' Remarriage Act, 1856 [Entire Act]
Section 144 in The Code of Criminal Procedure, 1973 [Entire Act]
The Hindu Women's Rights To Property Act, 1937
Arunachala Gounder (Dead) By Lrs vs Ponnusamy on 20 January, 2022
27. From the law laid down by the Hon'ble Supreme Court in
the case of Arunachala Gounder's case (supra), it is quite
vivid, that Mitakshara Law of inheritance applicable to a
person who died before 1956 and who was governed by the
pristine Mitakshara law, the wife or daughter of a male would
inherit his separate property only if he died without a male
child.
Smt. Kasturi Devi vs Deputy Director Of Consolidation & Ors on 4 November, 1976
d. Judgment passed by the Hon'ble Supreme Court reported in
(1976) 4 SCC 674[Smt. Kasturi Devi vs. Deputy Director of
Consolidation and Others] and has submitted that a mother
cannot be divested of her interest in her son's property even on
the ground of remarriage, but she would be divested from the
property of her husband only, in case of remarriage.