NARAINI DEVI versus SMT. RAMO DEVI AND ORS.

NARAINI DEVI versus SMT. RAMO DEVI AND ORS.

The appellant acquired a restricted, life interest in the property solely by virtue of a 1946 award, had no pre-existing right under the Hindu law applicable at the time, hence Section 14(2) of the Hindu Succession Act applies, and her interest ended with her death.

Parties
Appellant: Naraini Devi; Respondent No. 1: Smt. Ramo Devi
Jurisdiction
India
Judgment Date
18 December 1975
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave Against High Court Review Dismissal
Outcome
Appeal dismissed
Legal Topics
Hindu Succession Act, Life Interest, Widow's Estate, Interpretation of Section 14
Succession Law Hindu Law Hindu Succession Act Life Interest Widow's Estate Interpretation of Section 14

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Parties

Naraini Devi

Appellant

Smt. Ramo Devi

Respondent No. 1

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave Against High Court Review Dismissal

Legal Issues

  1. 1 Whether the limited interest in property given to a widow under an award was enlarged into full ownership by Section 14(1) of the Hindu Succession Act, or remained a restricted estate under Section 14(2)

Ratio Decidendi

The appellant acquired a restricted, life interest in the property solely by virtue of a 1946 award, had no pre-existing right under the Hindu law applicable at the time, hence Section 14(2) of the Hindu Succession Act applies, and her interest ended with her death.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs