AI Overview...
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Death of Son Leaving Widow - When a Hindu son dies leaving behind a widow, the widow's power to adopt is generally extinguished, especially if the son left behind his own widow. Adoption by the widow after the death of her son and his widow is invalid, as her authority to adopt is terminated upon her son's death and subsequent remarriage of the son's widow. K. Shyamalamba VS Perun Suryalingeswara Rao - Andhra Pradesh, VAIJOBA SHAMRAO VS VASANT ABAJI - Bombay, VITHOBA AND TWO OTHERS VS AMRITA AND TWO OTHERS - Nagpur
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Widow's Power to Adopt - The widow's right to adopt ceases when her son dies leaving behind his own widow and children. If the son leaves a widow and children, the widow's capacity to adopt is extinguished, and remarriage of the widow or the death of the son or grandson further affects her rights. Vaijoba Shamrao VS Vasant Abaji - Bombay, VITHOBA VS AMRITA - Nagpur
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Remarriage and Family Settlement - Remarriage of the widow or family settlement does not revive her authority to adopt if it was previously extinguished due to her son's death. The legal position remains that her power to adopt is terminated once her son, who had a widow and children, dies. K. Shyamalamba VS Perun Suryalingeswara Rao - Andhra Pradesh, VAIJOBA SHAMRAO VS VASANT ABAJI - Bombay
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Impact of Family Lineage and Property - The death of a son or grandson impacts inheritance and family property rights, especially under Mitakshara law. The widow's rights and the continuation of family lineage are affected by these deaths, with specific legal provisions governing inheritance and adoption rights. Ashabaikate VS Vithal Bhika Nade - Supreme Court, Jana and Anr VS Parvati - Bombay
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Summary and Conclusion - In Hindu law, the death of a son who leaves behind a widow generally terminates the widow's right to adopt, particularly if the son had a widow and children. Remarriage of the widow or subsequent family arrangements do not revive this authority. The widow's capacity to adopt is thus limited by the death of her son and his family line, with legal precedents confirming the extinguishment of her power in such circumstances.
Search Results for "Death of Son Leaving Widow"
1975 0 Supreme(AP) 170 • India - Andhra Pradesh
O.CHHINNAPPA REDDY, K.A.MUKTADAR
HINDU LAW - ADOPTION - AUTHORITY TO ADOPT - REVOCATION - DEATH OF SON LEAVING WIDOW - COMPETENCY OF WIDOW TO ADOPT - COMPROMISE ... The authority to adopt given to Seetarattamma by her husband came to an end on the death of Suryalingam, who left behind a widow, ... - VALIDITY - FAMILY SETTLEMENT - REMARRIAGE OF WIDOW - EFFECT ON RIGHT TO ADOPT. ... A week after the son s death, the widow made the ....
1972 0 Supreme(Bom) 116 • India - Bombay
G.N.VAIDYA
HINDU LAW - ADOPTION - WIDOW'S POWER TO ADOPT - EXTINCTION - DEATH OF SON AND GRANDSON LEAVING BEHIND WIDOW - REMARRIAGE OF WIDOW ... to an end, but that the mere birth of a son does not do so. ... Abaji had left behind a son, Tulsiram, who had two sons, Bhaurao and Rajaram. ... died in 1913, leaving behind him a widow Sunderibai and a son Jagannath who could continue the family line. ... Dattatrauya died in 1913 #....
1934 0 Supreme(Nagpur) 21 • India - Nagpur
POLLOCK
Kondji died leaving a widow Saijai and a son Maroti. ... Maroti died leaving a widow Mt. Punjai alias Muktai who remarried and died shortly afterwards. ... On her death, the estate devolved upon Maroti's mother Saijai, who purported to adopt the defendant Vithoba as a son. ... The question therefore is whether, where a Hindu dies leaving a widow and son and that son himself dies leaving#....
1972 0 Supreme(Bom) 115 • India - Bombay
G.N.VAIDYA
Kamlabai Kanchangauda, which held that a widow's power to adopt is extinguished upon the death of her son leaving a son and a widow ... HINDU LAW - ADOPTION - WIDOW'S POWER TO ADOPT - EXTENT - ADOPTION BY WIDOW AFTER DEATH OF SON AND GRANDSON AND REMARRIAGE OF GRANDSON'S ... In the present case, Rajaram did not leave behind a son and a widow to continue the line, and hence Gunabai's power to adopt had ... Dattatray....
1989 0 Supreme(SC) 514 • India - Supreme Court
T.K.THOMMEN, L.M.SHARMA
Balu were coparceners – Bhiku died leaving behind his widow Parvati defendant present suit and Balu who died soon after his father ... 12 – Properties - Disputed properties belonged to a joint Hindu family governed by Mitakshara law of which one Bhiku and his son ... demise on widow Lilabai gave birth to a posthumous daughter who is present appellant – Sometime later Lilabai remarried and thereupon ... Shamrao : (1902) ILR 26 Bom 526, to the following effect: ... "Where a Hindu dies leaving a ....
1969 0 Supreme(SC) 374 • India - Supreme Court
K.S.HEGDE, V.BHARGAVA
died about 20 years before death leaving behind him his widow, defendant No. 6. had five children including defendants Nos. 1 to ... defendants 4 and 5 also predeceased leaving behind his widow defendant No. 8 and son defendant No. 7 – Held, Therein dispute related ... 3 through another wife - His son had died a few months before the death of - His daughter had predeceased leaving behind her children ... His daughter Balwanti had pr....
2020 0 Supreme(Del) 1568 • India - Delhi
J. R. MIDHA
The deceased was a helper and owned a Tata Tempo, and the accident resulted in his death, leaving behind his mother, widow, daughter ... , and son as claimants. ... The accident dated 11th September, 2012 resulted in the death of Hari Niwas aged about 34 years. The deceased was survived by his mother, widow, daughter and son who claimed compensation. The mother of the deceased died during the pendency of Claim Petition. ... , daughter, mother and son....
2010 0 Supreme(AP) 81 • India - Andhra Pradesh
GHULAM MOHAMMED, SANJAY KUMAR
, It is no doubt true that the deceased died leaving behind widow and her children and at the time of death, the son of the deceased ... the widow, one son viz., applicant herein aged about 17 years and one daughter aged about 11 years at the time of his death – held ... working in Garrison Engineer, Air Force Academy who expired on account of suicide due to mental illness in the Mental Hospital leaving ... , Erragadda, leaving the ....
1933 0 Supreme(Nagpur) 16 • India - Nagpur
POLLOCH
The son died leaving his own widow, and the former widow purported to adopt the Defendant as a son. ... to adopt is extinguished and can never be revived when the son dies leaving his own widow. ... Adoption - Hindu Law - Validity of Adoption by Former Widow Fact of the Case: One Kondji died leaving a widow and ... The question therefore is whether where a Hindu dies leaving a #....
1957 0 Supreme(Bom) 198 • India - Bombay
S.T.DESAI
Fact of the Case: A Hindu father, Gadi, died intestate leaving behind his widow, Jana, and his son, Santosh. ... If it was an interest in joint family property, whether the widow inherited the entire interest or shared it with the separated son ... Prior to his death, Gadi had partitioned the family property with Santosh, resulting in Gadi receiving 8.30 acres of land. ... Law or by customary law dies intestate leaving separate property, his widow,....
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