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SANJAY A. DESHMUKH
Gangadhar S/o Mahadev Shejole (Dead) through his Legal Representatives – Appellant
Versus
Subhadrabai Wd/o. Ramrao Shejole – Respondent
JUDGMENT :
1. This second appeal is preferred against the judgment and decree passed by the Adhoc District Judge-2, Khamgaon, District Buldhana in Regular Civil Appeal No.40/2010, dated 30.01.2018. The said appeal was preferred against the judgment and decree 4 passed by the Civil Judge, Junior Division, Shegaon, District Buldhana in Regular Civil Suit No.54/2004, dated 23.04.2010. The suit and appeal were dismissed.
2. Plaintiff’s case :
(i) The plaintiff filed a suit for partition and separate possession of his share in the properties bearing (i) Gat No.81, field Survey No.22/3B, admeasuring 1.21 HR., (ii) Gat No.83, Survey No.22/3A, admeasuring 1.21 HR., (iii) Gat No.26, Survey No.6/1A, admeasuring 3.96 HR., out of which 1.16 HR. (iv) Gat No.228, Survey No.64/1, admeasuring 1.07 HR., out of which 1H. (v) Gat No.129, Survey No.37/1B including a Well and Survey No.37/3, admeasuring 3.83 HR. along with house properties viz. House Nos.86, 89, 97, situated at village Gaulkhed, Tahsil Shegaon, District Buldhana, which are the subject matter of the suit.
(ii) The plaintiff contended that he had three brothers, Ramrao – defendant No.1, Shriram – defendant No.4 and Tribhuvan – defendant No.5
A Hindu widow acquiring property under a partition retains absolute ownership and can dispose of it, as per Section 14(1) of the Hindu Succession Act, 1956.
Hindu Law – property given to wife - Property had been given to the female Hindu in recognition of or in lieu of her right to maintenance, it was held that the situation fell within the ambit of subs....
The main legal point established in the judgment is that a female Hindu possessing property under limited rights, as per Section 14(1) of the Hindu Succession Act, 1956, does not have the right to se....
The remarriage of a widow does not disqualify her from inheriting her deceased husband's property under the Hindu Succession Act, 1956.
Hindu Women’s right to maintenance – Right of maintenance is sufficient for property given in lieu thereof to transform into absolute ownership, by way of Section 14(1) of HSA, 1956.
The court clarified the application of Sections 14(1) and 14(2) of the Hindu Succession Act, emphasizing the need to include all rightful heirs in partition suits.
The court affirmed that ancestral property remains so despite partition, and daughters are entitled to equal shares under the Hindu Succession Act, 1956, as amended.
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