The main legal point established is that the provisions of the Sangli Act govern the inheritance rights of widows, and the validity of adoption can confer rights to inherited property.

ORDER :

1. Delay condoned.

2. Leave granted.

3. The original plaintiff/her legal heir (substituted plaintiff) who has not succeeded in all the three courts below is in appeal before this Court upon grant of special leave under Article 136 of the Constitution of India.

4. The original plaintiff – Gunamma was a subject of 'Sangli State' which merged in the Union of India in the year 1948. There was a Sangli Widow's Right to Property Act of 1935 (Act No.1 of 1935) [hereinafter referred to as “the Sangli Act”] which governed, inter alia, the right of a widow to ask for partition. Under Section 1(E) of the Sangli Act, Hindu women who had become widows prior to the passing of the Sangli Act in the year 1935 were also entitled to claim the benefits of the provisions of the Sangli Act. The following extract of the relevant parts of the Sangli Act would be required to be made at the very outset for a proper appreciation of the issues arising in the present case.

“An Act regarding the right of a widow to get a share by inheritance of partition from males.

Object. Whereas it is expedient to remove doubts and disparities existing in the Hindu Shastras, in respect of the females in the property which is to come by way of inheritance or partition, and whereas it is expedient and necessary to confer new rights, and whereas it is further necessary to place the status of females on satisfactory basis, it is hereby enacted as follows:-

1. Right of a widow to ask for partition- Upon the death of the husband of a Hindu woman while, though he continued to remain (as a member) in the Joint family, the widow shall become a 'Sahabhagidar' in place of (her) husband and she shall be entitled to claim by partition such share (Hissa) in the joint family properties which her husband could have claimed; provided that the word 'widow' shall not include a widow of a Hindu who shall not be entitled to claim partition under the Hindu Law.

(A) The nature of a joint family shall not change merely because a widow in a joint family takes (her) share.

(B) x x x x x x

(C) x x x x x x

(D) The right (Hak) for partition allowed under this Act shall, along with the right (Hak) for maintenance, be an alternative right (Hak); provided that a Hindu widow, if she once claims any of the rights of partition or maintenance shall not claim the other right.

(E) Hindu women who may have become widows prior to the passing of this Act may also claim benefit of the provisions of this Act; provided, however, widows who may have got their maintenance decided either through Court or out of Court, shall not be entitled to claim partition.

Explanation:

(i) x x x x x

(ii) x x x x x

(iii) 'Sahabhagidar' means that she will get the rights which male 'Sahabhagidars' have got but unless there is a partition, she cannot make an adoption without the consent of the other 'Sahabhagidars'; and as a Sahabhagidar she has no right to alienate or otherwise deal with her right to sue. Nor will it be liable for being sold for debts incurred by her.”

5. Upon merger of 'Sangli State' in the territories of the 'Union of India' the Sangli Act was repealed by the Indian State (Application of Laws) Order, 1948 [hereinafter referred to as “the Order of 1948”]. The repealing provision, which is as follows, would also require a specific notice.

“Repeal of enactments in force in any Indian State or part thereof and corresponding to the enactments in force in the Province of Bombay and extended to any such state under paragraph 3 shall stand repealed;

Provided that the repeal by this Order of any such enactments shall not affect the validity, invalidity, effect or consequence of any thing already done, or suffered or any right, title obligation or liability already acquired, or incurred or any remedy or proceeding in respect thereof or any release or discharge of or from any debt, penalty, obligation, liability claim or demand or any indemnity already granted or the proof of any past act or thing.”

6. Having set out the