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IN THE HIGH COURT AT CALCUTTA
KRISHNA RAO
Aabira Mukherjee – Appellant
Versus
Swapna Roy – Respondent
JUDGMENT :
Krishna Rao, J.
1. The plaintiff has filed the preset suit praying for the following reliefs:
a) Decree of declaration that the purported deed of settlement by trust dated October 6, 1993 in respect of the premises No. 46, Mahendra Sarkar Street, Kolkata 700012, more fully and particularly described in the Schedule hereto annexed and marked as Annexure “C”, situate within the aforesaid jurisdiction, is null and void;
b) Decree of declaration that the plaintiff no. 1(b) is the sole and absolute owner of the premises No. 46, Mahendra Sarkar Street, Kolkata 700012, more fully and particularly described in the Schedule hereto annexed and marked as Annexure “C”, situate within the aforesaid jurisdiction;
c) Decree directing the defendants nos. 1(a), 1(b) and 2 to forthwith deliver up the said purported deed of settlement by trust dated October 6, 1993 so that the said purported deed is cancelled by the Registrar, Original Side of this Hon’ble Court;
d) Decree for vacant and peaceful possession of premises No. 46, Mahendra Sarkar Street, Kolkata 700012, more fully and particularly described in the Schedule hereto annexed and marked as Annexure “C”, situate within the aforesaid juris
The main legal point established in the judgment is the liberal interpretation of Section 14 of the Hindu Succession Act to advance the objective of enlarging the limited interest possessed by Hindu ....
The court established that property classified as stridhana under the Hindu Succession Act grants absolute ownership rights to female heirs, overriding previous limited rights.
The court established that property classified as stridhana under the Hindu Succession Act grants absolute ownership rights to female heirs, overriding previous limited rights.
Possession of property given to a Hindu female pursuant to or in recognition of a right to maintenance confers a right which gets enlarged to full ownership.
(1) Female Hindu inheritance – Hindu woman’s right to maintenance was not and is not an empty formality or an illusory claim being conceded as a matter of grace and generosity – Hindu woman’s right t....
The right to maintenance under Hindu law can convert a limited interest in property into absolute ownership, overriding restrictions in the management deed.
The right to maintenance under Hindu law confers absolute ownership of property, overriding any restrictions in the management deed, as per Section 14(1) of the Hindu Succession Act.
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.
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