ATMA SINGH versus GURMEJ KAUR (D) & ORS.

ATMA SINGH versus GURMEJ KAUR (D) & ORS.

A mother who remarried is not disentitled from inheriting the estate of her son born out of the first marriage under Section 8 of the Hindu Succession Act, 1956; Section 2 of the Hindu Widow's Re-Marriage Act, 1856 does not bar future succession under the 1956 Act, and Section 4 of the 1956 Act gives an overriding effect to any inconsistent provisions.

Parties
Appellant: Atma Singh; Respondents: Gurmej Kaur (D) & Ors.
Jurisdiction
India
Judgment Date
13 September 2017
Procedural Posture
Civil Appeal / Appeal From Punjab & Haryana High Court Judgment Dated 14.07.2009 in R.s.a. No.2929 of 2006
Outcome
Appeal dismissed
Legal Topics
Intestate Succession, Inheritance by Mother, Effect of Widow's Remarriage
Succession Law Family Law Intestate Succession Inheritance by Mother Effect of Widow's Remarriage

Case Brief

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Parties

Atma Singh

Appellant

Gurmej Kaur (D) & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Punjab & Haryana High Court Judgment Dated 14.07.2009 in R.s.a. No.2929 of 2006

Legal Issues

  1. 1 Whether the Hindu Widow's Re-Marriage Act, 1856 disentitles a mother (upon remarriage) from inheriting the estate of her deceased son born out of her first marriage under the Hindu Succession Act, 1956

Ratio Decidendi

A mother who remarried is not disentitled from inheriting the estate of her son born out of the first marriage under Section 8 of the Hindu Succession Act, 1956; Section 2 of the Hindu Widow's Re-Marriage Act, 1856 does not bar future succession under the 1956 Act, and Section 4 of the 1956 Act gives an overriding effect to any inconsistent provisions.

Court Disposition

Appeal dismissed

Orders

  • Suit of plaintiff dismissed
  • Defendant No.1 entitled to succeed estate of her son under Hindu Succession Act, 1956