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Right of a women to inherit the property of her deceased husband cease on remarriage of the women

Sampada Sharma ,
  13 June 2020       Share Bookmark

Court :

Brief :
The court observed, at the time, Respondent having re-married in 1962 prior to the death of Atmaram, it cannot be said that respondent-Rahubai has inherited share of deceased defendant no.1-Atmaram after his death. At that time provisions of Section 24 of the Hindu Succession Act, 1956 were applicable.
Citation :
Appellant: Baliram Atmaram Dhake Respondent: Rahubai Citation: AIR 2009 Bom 57

HINDU SUCCESSION ACT,1956 – CASE LAW – Section 24

  • Baliramatmaran v. Rahubai
  • Bench: P. R. Borkar J.

Facts:

  • Atmaram had two sons Baliram and Jagannath. Jagannath died in 1962 leaving behind his widow. Later Atmaram also died.
  • Rahubai, the widow of jagannath filed the suit for claiming ½ share in the property of Atmaram, which is ancestral property.

Issue:

Whether Rahubai is entitled to claim share in the property, as she remarried, or not?

Contentions raised by Respondent:

  • She shall have the same right of claiming partition as a male owner.
  • At the time of death on 19.12.1956, respondent-Rahubai was a member of the joint family of defendants. The possession of joint property by her father-in-law  or brother-in-law can be said to be possession for and on behalf of the entire family.

 In view of the above, respondent-Rahubai has become absolute owner under Section 14 of the Hindu Succession Act, 1956 of 1/3rd share which she had inherited from her husband Jagannath.

Contentions raised by Appellant:

  • Widow was not in actual possession of the property and there is no pre-existing right.
  • After remarriage, the plaintiff/respondent could not have inherited the share of deceased Atmaram and the District Court has clearly committed error in holding that respondent-Rahubai was entitled to 1/2 share.

Held: 

The court observed, at the time, Respondent having re-married in 1962 prior to the death of Atmaram, it cannot be said that respondent-Rahubai has inherited share of deceased defendant no.1-Atmaram after his death. At that time provisions of Section 24 of the Hindu Succession Act, 1956 were applicable.

 
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