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2019 Supreme(P&H) 1840

ANIL KSHETARPAL
Sh. Sutinder Parkash Jain And Others – Appellant
Versus
Salesh Chand Jain And Others – Respondent


Advocates Appeared:
Mr. Munish Gupta, Advocate, for the Appellants; Mr. Pankaj Jain, Advocate, Mr. Sudhir Aggarwal, Advocate, Mr. Rajesh Arora, Advocate, Mr. Vikas Bahl, Sr. Advocate, with Mr. Nikhil Sabharwal, Advocate and Ms. Vedika Gandhi, Advocate and Mr. Amit Jain, Advocate, for the Respondents

JUDGMENT

Anil Kshetarpal, J. - By this judgment, RSA No.4647 of 2009, RSA No.3041 of 2010 and Cross Objection No.ll-C of 2012 shall stand disposed of.

2. Plaintiff as well as defendants have filed these set of appeals/cross objection.

3. In the considered view of this Court, questions of law which require consideration are:-

      1) Whether a childless widow before coming into force of Hindu Women's Right to Property Act, 1937 (hereinafter to be referred as 'the Act of 1937') and the Hindu Succession Act, 1956 (hereinafter to be referred as 'the Act of 1956') was entitled to inherit the property of her husband or not?

      2) Whether a testament (Will) executed by widow on the day she was having limited life estate and thereafter having become absolute owner on coming into force of the Act of 1956, would entitle the beneficiary to become owner of the property particularly when the bequest is with respect to ownership of the property bequeathed?

      3) Whether abandonment of a right in the litigation on statement of the counsel at the time of final arguments has to be specific, categoric and not suffering from any vagueness?

      4) Whether the findings of the First Appellate Court that the property is

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