P.B.GAJENDRAGADKAR, D.V.VYAS
Shivappa Laxman and Anr. – Appellant
Versus
Yellawa Shivappa Shivagannavar. – Respondent
1. This appeal raises a short and interesting question as to the nature of the rights which a Hindu widow acquires under Sub-section (2) of Section 3, Hindu Womens Right to Property Act, No. 18 of 1937. The property in suit consists of lands situated at Vadral in the taluka of Chikodi. These properties originally belonged to the undivided family of Shivappa and his son Laxman. Lax-man died on 13-3-1945, leaving behind him his widow Yelawwa. She is plaintiff 2 in this suit. On 8-3-1946, Shivappa executed a deed of gift in respect of the properties in suit in favour of his daughter Laxmawwa. She is defendant 4 in the suit. On 9-3-1946, Shivappa adopted Lax-man belonging to the branch of his separated brother also known by the name of Laxman. On 19-4-1946, Yelawwa adopted Shivappa, who is plaintiff 1. On 11-8-1946, Shivappa died leaving surviving behind him his widow Yelawwa. Yelawwa is defendant 1 in the present suit. The daughter-in-law of Shivappa and her adopted son have brought the present suit challenging the validity of the deed of gift executed by the deceased Shivappa in favour of Laxmawwa; and the point which the Courts below had to decide was wh
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