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Dani Kuari Vs. Phulman Rai - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtAllahabad High Court
Decided On
Judge
Reported in(1875)ILR1All452
AppellantDani Kuari
RespondentPhulman Rai
Excerpt:
pre-emption - hindu widow--wajib-ul-arz. - turner, j.1. (after finding on the evidence that the property was the separate property of the plaintiffs husband to which she succeeded by inheritance).--we must admit the objection taken to the finding on the issue remitted, and it remains for us to determine whether a widow, holding her husband's share by inheritance, is entitled to pre-emption. in our judgment so long as she enjoys the estate she fully represents the estate and can claim to exercise all rights which would attach to it in the hands of a male owner. the circumstance that the widow lived with the vendors would not deprive her of her right, it being found that the claim is not collusive.
Judgment:

Turner, J.

1. (After finding on the evidence that the property was the separate property of the plaintiffs husband to which she succeeded by inheritance).--We must admit the objection taken to the finding on the issue remitted, and it remains for us to determine whether a widow, holding her husband's share by inheritance, is entitled to pre-emption. In our judgment so long as she enjoys the estate she fully represents the estate and can claim to exercise all rights which would attach to it in the hands of a male owner. The circumstance that the widow lived with the vendors would not deprive her of her right, it being found that the claim is not collusive.


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