S. S. MUNNA LAL versus S. S. RAJKUMAR AND OTHERS

S. S. MUNNA LAL versus S. S. RAJKUMAR AND OTHERS

A sonless Jain widow is entitled to adopt a son without express authority from her husband based on judicially recognized custom. The share in the joint family property declared in a preliminary decree in favour of a Hindu widow is 'possessed' by her within the meaning of section 14 of the Hindu Succession Act, 1956 and therefore vests absolutely in her. Upon her death, it devolves according to sections 15 and 16 of the Act, in this case upon her grandsons Munnalal and Ramchand to the exclusion of the adopted son Rajkumar.

Parties
Appellant: S. S. Munna Lal; Respondent: S. S. Rajkumar; Respondent: Ganpat Rai
Jurisdiction
India
Judgment Date
23 February 1962
Procedural Posture
Civil Appeal / Final Appeal by Special Leave From the Judgment and Decree of the Madhya Pradesh High Court
Outcome
Appeal partly allowed.
Legal Topics
Adoption by Jain Widow Without Express Authority, Succession Under Hindu Succession Act, 1956, Partition of Joint Family Property, Rights of Female Hindu in Joint Family Property
Family Law Hindu Law Succession Adoption by Jain Widow Without Express Authority Succession Under Hindu Succession Act, 1956 Partition of Joint Family Property Rights of Female Hindu in Joint Family Property

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Parties

S. S. Munna Lal

Appellant

S. S. Rajkumar

Respondent

Ganpat Rai

Respondent

Procedural Posture

Civil Appeal / Final Appeal by Special Leave From the Judgment and Decree of the Madhya Pradesh High Court

Legal Issues

  1. 1 Whether a sonless Jain widow can adopt a son without express authority from her husband.
  2. 2 Whether the share declared by a preliminary decree in favour of a Hindu widow is 'possessed' by her within the meaning of section 14 of the Hindu Succession Act, 1956.
  3. 3 Upon the widow’s death, how should her share devolve under the Act?

Ratio Decidendi

A sonless Jain widow is entitled to adopt a son without express authority from her husband based on judicially recognized custom. The share in the joint family property declared in a preliminary decree in favour of a Hindu widow is 'possessed' by her within the meaning of section 14 of the Hindu Succession Act, 1956 and therefore vests absolutely in her. Upon her death, it devolves according to sections 15 and 16 of the Act, in this case upon her grandsons Munnalal and Ramchand to the exclusion of the adopted son Rajkumar.

Court Disposition

Appeal partly allowed.

Orders

  • Decree of the High Court modified: share of Khilonabai devolved upon Munnalal and Ramchand; decree of the trial court restored regarding succession to Khilonabai’s share.
  • No order as to costs in this appeal and in the High Court.