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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Bastu Charan alias Batu Charan Soren – Appellant
Versus
Chitta Majhiani, (dead) – Respondent
| Table of Content |
|---|
| 1. plaintiff claims ownership over inherited property. (Para 1 , 2 , 3) |
| 2. trial court's issues and findings on heirship. (Para 4 , 5 , 6) |
| 3. disputed heirship and relevant arguments presented. (Para 7 , 9 , 10) |
| 4. inheritance laws applicable to scheduled tribe. (Para 11 , 12 , 13 , 14) |
| 5. legal reasoning on the inheritance rights post-remarriage. (Para 15 , 16) |
| 6. adverse possession claims analyzed in this context. (Para 17 , 18) |
| 7. dismissal of appeal and court's final order. (Para 19 , 20) |
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 owne
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.
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