BINDUMATI BAI versus NARBADA PRASAD

BINDUMATI BAI versus NARBADA PRASAD

It is permissible under Hindu law for a co-widow to relinquish her right of survivorship by agreement; after such relinquishment, her power to dispose of the property allotted to her by partition, including by will, is co-extensive with her power to transfer inter vivos.

Parties
Appellant: Bindumati Bai; Respondent: Narbada Prasad
Jurisdiction
India
Judgment Date
28 October 1976
Procedural Posture
Civil Appeal / Appeal by Special Leave
Outcome
Appeal dismissed
Legal Topics
Co Widow Relinquishment, Right of Survivorship, Disposition by Will, Partition Deed
Hindu Law Co Widow Relinquishment Right of Survivorship Disposition by Will Partition Deed

Case Brief

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Parties

Bindumati Bai

Appellant

Narbada Prasad

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave

Legal Issues

  1. 1 Whether a Hindu co-widow can relinquish her right of survivorship in the property allotted to another co-widow by agreement
  2. 2 Whether after relinquishment a co-widow can dispose of her share of property by will

Ratio Decidendi

It is permissible under Hindu law for a co-widow to relinquish her right of survivorship by agreement; after such relinquishment, her power to dispose of the property allotted to her by partition, including by will, is co-extensive with her power to transfer inter vivos.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs