R.M.SAHAI, T.K.THOMMEN
Kalawatibai – Appellant
Versus
Soiryabai – Respondent
JUDGMENT
R. M. SAHAI, J.:—Litigation, between two sisters, by way of cross-suits one, for permanent injunction by the appellant basing her claim on gift deed executed in 1954 by her mother, a Hindu widow, of the entire estate inherited by her from her husband, and another for declaration and partition by respondent assailing validity of the gift deed and claiming reversioners right after death of the mother in 1968, has reached this Court by grant of special leave against judgment of the Bombay High Court in second appeal raising a legal issue of seminal importance as to nature of right and title of female donee of Hindu widows estate after coming into force of Hindu Succession Act (hereinafter referred, to as the Act).
2. Facts are simple. Stakes, also, are not substantial, but the issue is of far reaching consequence. Could a Hindu widow alienate by gift the entire estate inherited from the husband, in favour of one of the female reversioners prior to enforcement of Act 20 of 1956. In case answer to issue is in the affirmative then what was the nature of right that the donee got under law? Did she become an owner of a widows estate, a limited owner, an owner with some right or tit
relied on : Bramma v. Verrupanna
considered : V.Tulasamma v. Shesha Reddy
Gummalapura Taggina Matada Kotturuswami v. Setra Veeravva
R.B.B.S. Munnalal v. S.S.Rajkumar
Bai Vajia v. Thakorbhai Chelabhai
Gulwant Kaur v. Mohinder Singh
Maharaja Pillai Lakshmi Ammal v. Maharaja Pillai T.Pillai
Jagannathan Pillai v. Kunjithapadam Pillai
referred to : Jaisri Sahu v. Rajdewan Dubey
relied on : Kamala Devi v. Bachu Lal Gupta
Natvarlal Punjabhai v. Dadubhai Manubhai
Radhey Krishan Singh v. Shiv Shankar Singh
distinguished : Gummalapura Taggina Matada Kotturuswami v. Setra Veerawa
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