SMT. GULAB DEVI versus THE DEPUTY DIRECTOR OF CONSOLIDATION AND ORS.

SMT. GULAB DEVI versus THE DEPUTY DIRECTOR OF CONSOLIDATION AND ORS.

Succession to the estate of Ram Kumari is governed by Section 174 of the Zamindari Abolition Act, and as per clause (h), the appellant as sister—regardless of being married—is entitled to succeed.

Parties
Appellant: SMT. GULAB DEVI; Respondents: THE DEPUTY DIRECTOR OF CONSOLIDATION AND ORS.
Jurisdiction
India
Judgment Date
06 November 1996
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 12.1.83 of the Allahabad High Court in C.m. W. No. 7446 of 1973
Outcome
appeal allowed
Legal Topics
Succession to Tenancy, Widow and Unmarried Daughters' Rights, Application of Zamindari Abolition Act
Property Law Succession Law Succession to Tenancy Widow and Unmarried Daughters' Rights Application of Zamindari Abolition Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

SMT. GULAB DEVI

Appellant

THE DEPUTY DIRECTOR OF CONSOLIDATION AND ORS.

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 12.1.83 of the Allahabad High Court in C.m. W. No. 7446 of 1973

Legal Issues

  1. 1 Who succeeds to the estate of a deceased sister obtained under the U.P. Tenancy Act, 1939, before the U.P. Zamindari Abolition and Land Reforms Act, 1950, came into force?
  2. 2 Does marriage disqualify a sister from succeeding under Section 174(h) of the Zamindari Abolition Act?

Ratio Decidendi

Succession to the estate of Ram Kumari is governed by Section 174 of the Zamindari Abolition Act, and as per clause (h), the appellant as sister—regardless of being married—is entitled to succeed.

Court Disposition

appeal allowed

Orders

  • The appellant is declared to be the heir to the estate of her deceased sister, Ram Kumari.
  • Orders of the Deputy Director (Consolidation) and High Court are upset.