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1959 Supreme(MP) 259

G.P.BHUTT, P.K.TARE, K.L.PANDEY
Bhondu Ganpat Kirad – Appellant
Versus
Ramdayal Govindram Kirad – Respondent


Advocates Appeared:
A.R.CHOUBEY, H.L.Khaskalam, Rama Gupta, S.C.Dubey,

JUDGMENT :

( 1. ) THE questions referred to the Full Bench are:

(i) Whether the property inherited by a Hindu widow from her son is devested on account of her subsequent remarriage? (ii) Whether the cases of Babulal v. Sher jamakhand, Second Appeal No. 46 of 1957, D/-24-9-1954 (Nag) and Panna v. Mst. Goura, Second Appeal No. 650 of 1951, D/-19-4-1957 (Madh Pra), an the one hand or Bisahin v. Gaitri, Second Appeal No. 210 of 1938, D/-11-10-1940 (Nag) and the earlier cases on the other hand lay down the correct law? (iii) Whether a Hindu widow, who has interest in her deceased husbands property along with her Minor son under Section 3 (2) of the. Hindu Womens lights to Property Act. 1937, gets the property after the death of her minor son on account of the fluctuation of her interest to the full or that interest vanishes after her sons death and she succeeds to the property under the general Hindu Law as mother of her deceased son?

( 2. ) THE facts of the case, so far as they are relevant for this reference, are these. A genealogical tree will be necessary. We take the one given an the order of reference : DEVAJI (dead)

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