BADRI PERSHAD versus SMT. KANSO DEVI

BADRI PERSHAD versus SMT. KANSO DEVI

Smt. Kanso Devi inherited the property under s.3(1) of Hindu Women's Rights to Property Act, 1937 and had possession within meaning of s.14(1); when her share was separated by metes and bounds, she acquired full ownership under s.14(1) upon the Act's commencement, regardless of prior limited estate.

Parties
Appellant: Badri Pershad; Respondent: Smt. Kanso Devi
Jurisdiction
India
Judgment Date
26 August 1969
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order of Punjab High Court Dated July 19, 1965 in Regular Second Appeal No. 251 D of 1964
Outcome
appeal dismissed
Legal Topics
Hindu Widow's Rights, Absolute Vs Limited Estate, Interpretation of Hindu Succession Act S.14
Succession Property Law Hindu Law Hindu Widow's Rights Absolute Vs Limited Estate Interpretation of Hindu Succession Act S.14

Case Brief

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Parties

Badri Pershad

Appellant

Smt. Kanso Devi

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order of Punjab High Court Dated July 19, 1965 in Regular Second Appeal No. 251 D of 1964

Legal Issues

  1. 1 Whether Smt. Kanso Devi became absolute owner under s.14(1) or only had a restricted estate under s.14(2) of the Hindu Succession Act upon coming into force of the Act

Ratio Decidendi

Smt. Kanso Devi inherited the property under s.3(1) of Hindu Women's Rights to Property Act, 1937 and had possession within meaning of s.14(1); when her share was separated by metes and bounds, she acquired full ownership under s.14(1) upon the Act's commencement, regardless of prior limited estate.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs