SHEO KUER versus NATHUNI PRASAD SINGH & ORS.

SHEO KUER versus NATHUNI PRASAD SINGH & ORS.

A Hindu widow can alienate property for religious purposes even without husband's authority if the alienation is for pious observances and a reasonable portion; in this case, the alienation of one-fifth of the property was reasonable and lawful.

Parties
Appellant: Sheo Kuer; Respondent: Nathuni Prasad Singh; Respondent: Respondents 3-4
Jurisdiction
India
Judgment Date
12 December 1975
Procedural Posture
Civil Appeal / Appeal to Supreme Court by Special Leave
Outcome
appeal allowed
Legal Topics
Widow's Estate, Powers of Hindu Female to Alienate Property, Alienation for Religious Purposes, Test of Reasonableness of Alienation
Family Law Hindu Law Widow's Estate Powers of Hindu Female to Alienate Property Alienation for Religious Purposes Test of Reasonableness of Alienation

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Parties

Sheo Kuer

Appellant

Nathuni Prasad Singh

Respondent

Respondents 3-4

Respondent

Procedural Posture

Civil Appeal / Appeal to Supreme Court by Special Leave

Legal Issues

  1. 1 Whether a Hindu widow can alienate property for religious purposes without husband's authority
  2. 2 Whether the alienation of one-fifth portion for a religious endowment is reasonable

Ratio Decidendi

A Hindu widow can alienate property for religious purposes even without husband's authority if the alienation is for pious observances and a reasonable portion; in this case, the alienation of one-fifth of the property was reasonable and lawful.

Court Disposition

appeal allowed

Orders

  • Judgment of the High Court set aside
  • Suit filed by respondents 1 and 2 dismissed with costs