SUKHRAM & ANOTHER versus GAURI SHANKAR & ANR.

SUKHRAM & ANOTHER versus GAURI SHANKAR & ANR.

A female Hindu who acquired interest by virtue of the Hindu Women's Right to Property Act, 1937, became full owner under s.14(1) Hindu Succession Act, 1956 and may alienate that interest without consent of male coparceners, irrespective of Mitakshara Benares School limitations.

Parties
Appellant: Sukhram; Appellant: Chidda; Respondent: Gauri Shankar; Respondent: Kishan Devi
Jurisdiction
India
Judgment Date
11 September 1967
Procedural Posture
Civil Appeal / Appeal From Allahabad High Court by Special Leave
Outcome
appeal dismissed
Legal Topics
Hindu Women's Property Rights, Alienation of Coparcenary Interest, Coparcenary Under Mitakshara Law, Effect of Hindu Succession Act, 1956 S.14(1)
Property Law Family Law Succession Hindu Women's Property Rights Alienation of Coparcenary Interest Coparcenary Under Mitakshara Law Effect of Hindu Succession Act, 1956 S.14(1)

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Parties

Sukhram

Appellant

Chidda

Appellant

Gauri Shankar

Respondent

Kishan Devi

Respondent

Procedural Posture

Civil Appeal / Appeal From Allahabad High Court by Special Leave

Legal Issues

  1. 1 Whether the widow, under s.14(1) Hindu Succession Act, 1956, could alienate her interest acquired from her husband in joint family property without consent of other coparceners under Benares School's Mitakshara law

Ratio Decidendi

A female Hindu who acquired interest by virtue of the Hindu Women's Right to Property Act, 1937, became full owner under s.14(1) Hindu Succession Act, 1956 and may alienate that interest without consent of male coparceners, irrespective of Mitakshara Benares School limitations.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed with costs