HINDU SUCCESSION ACT,1956 - CASE LAW - Section 24
Bhuri Bai v. Champa Bai
Bench:
J L.Chhangani
Facts:
- The dispute relates to the property of one Kachru. He died in the year 1950 leaving his widow ChampiBai who as his widow succeeded to his property.ChampiBai contracted remarriage with Shri Nathu Ramsome time either in the year 1957 or 1958.
- After re-marriage she made a gift of the property inherited by her from her deceased husband Kachru in favour of Nathu Ram, vide gift deed dated 1-7-1960.
- The sisters of Kachru, DhuriBai andBhuriBai instituted a suit in the court against ChampiBai and Nathu Ram.
Issue:
Whether Champa Bai lost her rights in the property after remarriage or not?
Contentions raised by Respondent:
- The property of the deceased Kachru vested in her (Mst. ChampiBai) absolutely as the sole coparcener and sole heiress.
- It was also pleaded that after the promulgation of the Act the widows' limited estate were abolished and she became the full owner of the property with right to alienate the property and consequently, the Appellant had no right or title in the property of the deceased Kachru.
Contentions raised by Appellant:
- The gift deed executed by ChampiBai in favor of Nathu Ram is ineffective and void against the interests of the appellant as ChampiBai remarried to nathu and her right in the property is ceased.
- As next heirs of deceased Kachru appellant claim the possession of the property of the deceased Kachru.
Held:
The Court observed, there is no process providing for the forfeiture of the property inherited by a husband from a deceased wife on his contracting a re-marriage. Naturally, in these changed conditions there was a strong movement for remedying the defects of the old Hindu Law of Succession showing very scant regard for the women and for according equal status and treatment to the women in the matter of succession. Thus, Champi Bai being a full owner had the right to alienate the property in any manner she liked and that there being reversioners casts no cloud on that right.
