Hindu Remarried Widow Has Right To Deceased Husband’s Property If She Wasn’t Remarried On The Day Succession Opens
Case: Jaiwantabai Wankhade v. Sunanda & Ors.
Coram: S.M. MODAK, J
Case No: Second Appeal No.144 Of 2007
Court Observation: “There is emphasis ‘on the date when succession opens’ as per Section 24 of the Act of 1956. The status of the widow being remarried continuing to be widow must be on the date when succession opens. The wordings “if on the date the succession opens” does not find a place in Section 2 of the Act of 1856. So, we have to respect the intention of the legislators while incorporating these provisions in Section 24 of the Act of 1956.”
In other words, if the widow has not re-married when the succession opens, the disqualification under Section 24 of the Act of 1956 will not be applicable.”
“The status of the widow being re-married continuing to be widow must be on the date when succession opens,”
[doc id=9420]
Previous Posts
Delay In Conducting Disciplinary Enquiry Does Not Ipso Facto Vitiate It: Supreme Court
In A Democratic Setup, The Will Of The Majority Has To Prevail: Supreme Court
Second Appeal- High Courts Can Exercise Limited Factual Review Under Section 103 CPC: Supreme Court
Government Should Keep Taxation System Convenient & Simple, Says Supreme Court
Delay In Conducting Disciplinary Enquiry Does Not Ipso Facto Vitiate It: Supreme Court
Rule Or Law Cannot Be Construed As Retrospective Unless It Expresses A Clear Or Manifest Intention To The Contrary: Supreme Court Download Judgement
Keywords
Hindu, Remarried Widow, Succession, Deceased Husband’s Property
