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J. J. MUNIR
Phagoo – Appellant
Versus
Gokaran – Respondent
JUDGMENT :
J.J. Munir, J.
1. This is a defendant's second appeal arising out of a preliminary decree for partition.
2. Gokaran, the sole plaintiff of Original Suit No.20 of 1972, instituted a suit for partition of four houses, shown in the schedule, with their own boundaries at the foot of the plaint, giving rise to the suit and all located in Plot No.854/29. The plaintiff demanded partition of his 1/3rd share in the four houses aforesaid, hereinafter referred to as 'the suit property', that he claimed against the defendants on the basis of a registered sale deed dated 13.12.1971, executed in his favour by Smt. Jashoda widow of Patiraj. The suit property was originally owned by one Tirath Ram son of Patiraj, who had acquired it of his own exertions. Tirath Ram died on 14.10.1967. Smt. Jashoda was his mother. She executed a registered sale deed dated 13.12.1971 of her 1/3rd share in the plaintiff's favour. The plaintiff, besides seeking a decree of partition and separate possession, prayed that a decree for the recovery of a sum of Rs.2136/- be passed against defendant Nos.1 and 2, and another for Rs.840/- against defendant Nos.6 and 7, on account of his proportionate share in the rent
The remarriage of a widow does not divest her of property inherited from her deceased husband under the Hindu Succession Act, 1956, as the Act provides for absolute ownership.
The remarriage of a widow does not disqualify her from inheriting her deceased husband's property under the Hindu Succession Act, 1956.
Daughters are barred from inheriting from their father if succession opened prior to the Hindu Succession Act of 1956, which does not retroactively apply.
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.
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.
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 ....
The plaintiff, as the legatee of Lakshmidevamma under the Will, stands in the place of Lakshmidevamma. Lakshmidevamma was entitled to be treated as a regular coparcener of the Hindu joint family orig....
The main legal point established in the judgment is the entitlement of daughters to claim coparcenary rights under the Mitakshara law and the Hindu Succession Act, 1956.
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