ANGURBALA MULLICK versus DEBABRATA MULLICK

ANGURBALA MULLICK versus DEBABRATA MULLICK

The Hindu Women's Rights to Property Act, 1937 applies to succession to shebaitship, entitling the widow to joint shebaitship with the son. The term 'heirs' in the deed means legal heirs and succession should follow the amended rules of Hindu law succession.

Parties
Appellant: Angurbala Mullick; Respondent: Debabrata Mullick
Jurisdiction
India
Judgment Date
03 May 1951
Procedural Posture
Civil Appeal / Appeal From Calcutta High Court Judgment Dated 19th May, 1950
Outcome
Appeal allowed
Legal Topics
Succession, Shebaitship, Women's Property Rights
Hindu Law Religious Endowments Succession Shebaitship Women's Property Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Angurbala Mullick

Appellant

Debabrata Mullick

Respondent

Procedural Posture

Civil Appeal / Appeal From Calcutta High Court Judgment Dated 19th May, 1950

Legal Issues

  1. 1 Whether the Hindu Women's Rights to Property Act, 1937 applies to succession of shebaitship under Hindu law
  2. 2 Whether 'shebaitship' constitutes 'property' within the meaning of the Act
  3. 3 Interpretation of the term 'heirs' in the deed of endowment

Ratio Decidendi

The Hindu Women's Rights to Property Act, 1937 applies to succession to shebaitship, entitling the widow to joint shebaitship with the son. The term 'heirs' in the deed means legal heirs and succession should follow the amended rules of Hindu law succession.

Court Disposition

Appeal allowed

Orders

  • Judgment and decree of both lower courts set aside except for declaration of plaintiff's right of residence in premises No. 14, Syakrapara Lane
  • Plaintiff is entitled to joint shebaitship with the defendant in respect of the debutter created by the indenture of October 10, 1934