SATRUGHAN ISSER versus SUBUJPARI & OTHERS

SATRUGHAN ISSER versus SUBUJPARI & OTHERS

The suit was rightly decreed by the High Court; upon death of a coparcener, the widow inherits his interest under the Hindu Women's Rights to Property Act. By claiming partition, her interest becomes defined and upon her death, devolves upon her husband’s heirs, extinguishing survivorship rights of other coparceners.

Parties
Appellant: Satrughan Isser; Respondents: Smt. Subujpari and others (including Sujan Devi)
Jurisdiction
India
Judgment Date
04 August 1966
Procedural Posture
Civil Appeal / Final Decision on Appeal From Patna High Court
Outcome
Appeal dismissed
Legal Topics
Hindu Women's Rights to Property Act, Mitakshara Coparcenary, Widow's Estate, Partition, Devolution of Property
Hindu Law Succession Law Hindu Women's Rights to Property Act Mitakshara Coparcenary Widow's Estate Partition Devolution of Property

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Parties

Satrughan Isser

Appellant

Smt. Subujpari and others (including Sujan Devi)

Respondents

Procedural Posture

Civil Appeal / Final Decision on Appeal From Patna High Court

Legal Issues

  1. 1 Whether the Hindu widow’s right to claim partition under section 3 of the Hindu Women's Rights to Property Act extinguishes the survivorship right of other coparceners in coparcenary property and the nature and devolution of the widow’s interest.

Ratio Decidendi

The suit was rightly decreed by the High Court; upon death of a coparcener, the widow inherits his interest under the Hindu Women's Rights to Property Act. By claiming partition, her interest becomes defined and upon her death, devolves upon her husband’s heirs, extinguishing survivorship rights of other coparceners.

Court Disposition

Appeal dismissed

Orders

  • The decree of the High Court granting possession of a share in the property to the heirs of Chando Kuer (her daughters) is affirmed.
  • The appeal is dismissed with costs.