1. UMA VS DEPUTY DIRECTOR OF CONSOLIDATION, BALLIA - 22 May 13

20 (b) of Act, 1951—To claim "Adhivasi" right a person must be a recorded occupant in Khasra/Khatauni prepared under Sections 28 ... Consolidation of Holdings Act, 1953—Section 9-A—"Adhivasi"—Right of—Whether 'G' has become "adhivasi" on basis of Khasra under Section ... remark column of Khasra was a provisional entry—Cannot be regarded as an entry of "recorded occupant"—So as to confer "Adhivasi" right ... acquired property of her husband Bhukhan and his brothers Amar and Ganesh have no right over it. ... Plot No. 1961 was the self acquired property of Naurangi and Shiv Saran. ... Harhangi and Shiv Saran died issueless.

India - Allahabad

2. Arunachala Gounder (Dead) By Lrs. VS Ponnusamy - 20 Jan 22

(1) If a property of a male Hindu dying intestate is a self-acquired property or obtained in partition of a coparcenary or a family property, same would devolve by inheritance and not by survivorship and a daughter of such a male Hindu would be entitled to inherit such property in preference to other collaterals.(2) If a female Hindu dies intestate without leaving any issue, then property inherited by her from her father or mother would go to heirs of her father whereas property inherited from her husband or father-in-law would go to heirs of husband.

to inherit self-acquired property or share received in partition of a coparcenary property of a Hindu male dying intestate is well ... intestate is a self-acquired property or obtained in partition of a coparcenary or a family property, same would devolve by inheritance ... inherited by her from her father or mother would go to heirs of her father whereas property inherited from her husband or father-in-law ... Failing male issue, therefore, a widow takes the self-acquired property of her husband. ... But even in undivided families, a widow takes the self-acquired property of her husband. ... Kuppayee Ammal who also died issueless in 1967.

India - Supreme Court

3. Sri Ramakrishna Mutt, rep. by its Manager, Chennai VS M. Maheswaran & Others - 06 Feb 07

Even second wife has a right of maintenance as against her husband and his property

ownership right - Even second wife has a right of maintenance as against her husband and his property - Since the second wife became ... the absolute owner, the property reverts back to her husband and his heirs - Section 14(2) has no application - In the absence of ... Hindu Succession Act (30 of 1956), Sections 14(1) and 14(2) - Female succession-Right granted to the wife got enlarged into full ... as against her husband and his property. ... Since she becomes absolute owner of the property, after her death issueless, the property ... (c) When Kumudammal, the 2nd wife of the Settlor, died issueless and

India - Madras

4. Jupudy Pardha Sarathy VS Pentapati Rama Krishna - 06 Nov 15

When limited interest is created in the property on the property of the husband in favour of the wife in lieu of her pre-existing right of maintenance, such right becomes absolute rights after coming into force of the Hindu Succession Act, 1956.

realising pre-existing right of his third issueless wife on his properties, executing a Will – Giving tiled house with compound ... nbsp;(b) Hindu Succession Act, 1956 – Section 14(1) – Husband ... by virtue of Section 14(1) and she had every right to bequeath the said property in favour of P. ... My first wife died issueless. ... Such a right may not be a right to property but it is a right against property and the husband has a personal obligation to maintain ... The properties mentioned in this Will are all my self acquired properties and I did not get any ancestral properties.

India - Supreme Court

5. Smt. Ass Kaur (Deceased) by L. Rs. VS Kartar Singh (Dead) by L. Rs. - 18 May 07

Customary law designed on the principle of ‘keeping of the property within the family’ provides succession of a widow to her husband after death of her co-widow. Therefore if the daughters who were married were to be excluded by customary law, no exception thereto can be taken.

by virtue of which she succeeded under the customary laws to her husband after the death of her co-widow – In that view of the ... The defendants-respondents contended that after the death of her husband Hira Singh, Raj Kaur contracted Karewa marriage with Relu ... Ass Kaur, daughter of Sobhi and sister of Mehar Singh and Inder Singh claimed share in the property. ... It is categorically stated in sub-para (2) of that paragraph that the daughter succeeds to the self-acquired property of the father ... However, when Mehar Singh died issueless, the estate reverted back to his father and Sobha and Raj Kaur succeeded to her not as her ... She succeeded under the customary laws to her husband after the death of her co-widow.

India - Supreme Court

6. Sharad Subramanyan VS Soumi Mazumdar - 28 Apr 06

Where there was no material on record from which it could be concluded that the disposition of life estate in favour of wife in the Will of her husband was in lieu of or in recognition of her right of maintenance, she had only a limited right, namely, life interest in the suit property, therefore, she could not have created a long term lease in the property.

material on record from which it could be concluded that the disposition of life estate in favour of Reba Mitra in the Will of her husband ... heir — ‘R’ executed a lease deed in respect of suit, property granting certain rights to appellant — ‘R’ died on 27-11-1998 — Appellant ... Suit Property. ... Learned Senior Counsel relied on Section 30 of the Act, which recognises the right of a Hindu to dispose of self-acquired property ... Such a right may not be a right to property but it is a right against property and the husband has a personal obligation to maintain ... her husband; that the property bequeathed to Reba Mitra in the Will of her husband, Kamal Kumar Mitra, was only a limited estate

India - Supreme Court

7. BASANTI DEVI (DEAD) BY LRS VS RATI RAM - 08 May 18

When husband’s limited right of life time interest flows from a compromise, his wife cannot have better right than him. Section 14(2) would apply and the wife’s right cannot enlarge into full ownership.

– property in question nit his self acquired property – Sheo Lal’s right flowing from the compromise – Section 14(1) does not recognize ... All the three brothers died issueless and Har Narian became the owner of the suit property. ... to use the land in question without any right to alienate or mortgage the property. ... The suit property never became the self acquired property of Sheo Lal. ... All the three brothers died issueless and Har Narian became the owner of the suit property. ... Chimmli could not have acquired a better right than her husband had in the property in dispute. Right of Sheo Lal, as also Smt.

India - Supreme Court

8. Laxminarayani Ammal VS A. M. Tarabai Ammal - 28 Oct 87

Death of husband prior to enactment of Act is no bar.

Hindu Womens Right to Property Act, 1937- Section 3(2) - Death of husband prior to enactment of the Act is no bar in the matter of ... According to the defendants, the suit property was not the self-acquired property of late ... The learned Subordinate Judge held that the suit property was the self-acquired property of late Murugesa Mudaliar and on his death ... It is the case of the plaintiff that the schedule house property is the self acquired property of Murugesa Mudaliar, who purchased

India - Madras

9. Ram Sunder VS Joint Director Of Consolidation, Sultanpur - 21 Jun 21

Consolidation of holding - Right of widow to transfer land got from husband - Since bhumidhar with transferable rights can transfer his agricultural land subject to the restrictions contained in Chapter VIII of the Act of 1950, therefore, a widow, acquiring the bhumidhari rights from her husband, can also transfer the land during her life time in accordance with law.

Any transfer of property can not be made which is not covered by any statute or law -According to sub-section(1) (a), when a bhumidhar ... Maina, being the grandson of Sheetal and Smt.Maina, who had inherited the land in dispute from her husband as widow. ... Holdings Act, 1953 - Section 9-A(2) - Mutation of name in revenue record - Challenged - whether a widow, who got the land from her husband ... She died issueless. ... Maina had died issueless in 1953. ... @ Shital because the property was acquired by their father Terhi.

India - Allahabad

10. Ramathal VS Suppathal & Others - 28 Jul 06

Independent property of kartha cannot be clubbed in joint family property.

Hindu Law - Acquisition of joint family property - When a person claims that property belongs to kartha, it has to be proved that ... it was purchased from separate funds of kartha - It was proved that kartha had independent income of his own and property was not ... been acquired.” ... Natarajan, son of Palanichamy Gounder and Ramathal, died in 1977 issueless. ... Since one of the sons Natarajan died issueless, the other surviving children, including

India - Madras