IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Bastu Charan alias Batu Charan Soren – Appellant
Versus
Chitta Majhiani, (dead) – Respondent
JUDGMENT :
SASHIKANTA MISHRA, J.
The LRs of the original defendant No.1 are in appeal against a confirming judgment. The appeal questions the correctness of judgment dated 25.09.1992, followed by decree passed by learned District Judge, Baripada in Title Appeal No. 50 of 1988, whereby the judgment dated 04.10.1988, followed by decree passed by learned Subordinate Judge, Rairangpur in Title Suit No. 10 of 1995, was confirmed.
2. The suit was filed by the original plaintiff for recovery of possession and for declaration that the sale deeds dated 17.04.1984 executed by her mother in favour of the defendants are invalid. It is the plaintiff’s case that one Bhagmat Majhi was the original owner of the suit properties, who had married Damani. The plaintiff was born out of said marriage. Her father, Bhagmat died when she was two years old. Her mother, Damani remarried Dasmat Soren after death of her husband. The plaintiff possessed her half share of her father’s property separately from her mother and she allowed her to possess the other half till her death in 1984. The defendants managed to get the sale deeds in question executed by Damani in their favour in respect of the suit property, whi
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.
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.
Adverse possession - Right of widow after remarriage - Daughter of widow being nearer heir would succeed right and title to the property of widow - Nald plea stating that the plaintiff is in possessi....
Daughters are ineligible to inherit under Mitakshara Law prior to 1956, affirming that property succession is limited to male heirs in such cases.
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....
Co-owners of property cannot seek exclusive title or recovery of possession without partitioning the property, reaffirming shared ownership under Hindu law.
The court affirmed that under the Hindu Succession Act, daughters do not inherit coparcenary property prior to the 2005 amendment, and the plaintiff's title was upheld against the defendant's claims.
(1) Among Santals, succession law is Hindu Law and not Customary Law.(2) Suit for declaration of title and recovery of possession cannot be maintained in respect to joint and undivided property witho....
The Hindu Succession Act's provisions do not apply retrospectively to successions that occurred before its enactment, precluding daughters from inheriting property from fathers who died before 1956.
Children born out of wedlock can claim equal rights to inheritance alongside legitimate children, as per Hindu law principles.
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