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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Arnapurna Pradhan – Appellant
Versus
Trinath Barik – Respondent
| Table of Content |
|---|
| 1. introduction and context of the case (Para 1 , 2 , 3) |
| 2. factual background concerning ownership of the suit properties (Para 4 , 5 , 6) |
| 3. issues framed by the trial court (Para 7 , 8) |
| 4. arguments presented by the parties (Para 9 , 11) |
| 5. court's analysis on statutory provisions (Para 12 , 13) |
| 6. interpretation of case law concerning female hindu succession (Para 14 , 15) |
| 7. conclusion and order by the court (Para 16 , 17 , 18) |
JUDGMENT :
Sashikanta Mishra, J.
This is an appeal by the plaintiff against a reversing judgment passed by the learned Addl. District Judge, Sundargarh in RFA No. 11/14 of 2012-14 on 07.05.2014 followed by decree, whereby the judgment dated 18.02.2012 followed by decree passed by the learned Civil Judge (Sr. Division), Sundargarh in Civil Suit No. 219 of 2009 was partly set aside.
2. For convenience, the parties are referred to as per their respective status before the trial Court.
3. The following genealogy shows the relationship between the parties.
4. Suit Land
The suit land pertains to land measuring Ac.5.57 dec. under Khata No.65 and land measuring Ac.0.11 dec. under Khata No.67 in village Girisuan.
5. Plaintiff’s case:
The suit land under khata
A female Hindu retains absolute ownership of her inherited property despite remarriage, and her children from a subsequent marriage are entitled to inherit such property.
The court affirmed that children of a deceased woman inherit her estate under the Hindu Succession Act, irrespective of their birth order, unless adoption is proven, as the mother's remarriage does n....
(1) If a property of a male Hindu dying intestate is a self-acquired property or obtained in partition of a coparcenary or a family property, same would devolve by inheritance and not by survivorship....
The plaintiff, as the daughter of Bhagmat, retains her inheritance rights over property despite her mother's remarriage, confirming the applicability of old Hindu law over Scheduled Tribes.
Succession to the property inherited by a widow as life-estate holder opens on her death and is governed by the provisions of Section 8 of the Hindu Succession Act, 1956, irrespective of the date of ....
Daughters are ineligible to inherit under Mitakshara Law prior to 1956, affirming that property succession is limited to male heirs in such cases.
Female Hindu succession – For establishing full ownership on undivided joint family estate under Section 14(1) of Succession Act Hindu female must not only be possessed of property but she must have ....
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....
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