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Aug 28 2014 (SC)

Pangu Alias Apputty (Dead) Throu L.R.ors Vs. Narayani and ors.

Court : Supreme Court of India

..... . of his commentary., which is extracted below :- s.468.definition of stridhana- during the voluminous discussions ancient and modern, which have arisen with regard to the separate property of woman under hindu law, its qualities, its kinds and its line of descent, the question has constantly been found in the forefront, what is stridhana?. vijnaneswara s expanded definition of stridhana ..... or presented on her supersession (adhivedanika) and the like (adi) 31. the high court referred to vigneswara s expansion of the term adi which includes all those properties that a woman may acquire by inheritance, purchase, partition and seizure. the said expanded definition of streedhana by vigneswara was not accepted by the privy council in sheo shankar lal v. ..... the school to which she belongs, her status at the time of acquisition and the source of such acquisition.469. source of acquisition.- the source of acquisition of property in a woman s possession are the following:- gifts before marriage, wedding gifts, gifts subsequent to marriage self-acquisitions inheritance purchase partition adverse possession maintenance claim 10.other sources definition ..... of streedhana is adverted to by the high court at para 12 of the impugned judgment which reads as under:- 12. streedhana i.e., a woman s peculium is a property :- given to a woman before the nuptial fire (adhyagni) given at the bridal procession (adhyavahanika) given in token of the love (dattam pritikarmini) and that is received from .....

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Sep 20 1971 (HC)

Jegannatham Pillai Vs. Kunjithapatham Pillai and ors.

Court : Chennai

Reported in : AIR1972Mad390

..... , would be possessed by her.14. the learned subordinate judge has referred to the following passage at page 832 of n. r. raghavachariar's hindu law. 4th edn.:--'if prior to this enactment a hindu woman sold the property representing that she was absolutely entitled to it and it turned out that she had only qualified interest, the purchaser, on the coming into force ..... wanted to deal with the same. there can therefore be no doubt that but for section 14(1) of the hindu succession act valambal would have a limited interest known as the widow's estate, or a hindu woman's estate, in the properties covered by ex. a. 7 by virtue of the execution of the document by the second defendant and due attestation ..... of this act, can call upon the woman to make good her representation or pay him damages for the loss that he may sustain by reversioners ..... of the same by the first defendant with full knowledge of the same.13. section 14(1) of the hindu succession act is as follows:'any property possessed by a female hindu, whether acquired before .....

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Nov 23 1987 (HC)

Manohar Son of Mukundrao Deshpande Vs. Menkabai (Smt.) Wife of Mukundr ...

Court : Mumbai

Reported in : 1988(2)BomCR242

..... appeal raises a question of substantial importance as to whether the right to claim partition of a dwelling house, accrued in favour of a hindu widow under sub-section (3) of section 3 of the hindu woman's right to property act of 1937 (hereinafter referred to as the act of 1937') has been placed under suspension on coming into force section 23 of ..... it relevant to refer the object and scheme of both the acts. earlier no right to property was provided for a hindu woman. the act of 1937 has been enacted to make a change in the personal law and to provide a better right to property for a hindu woman. this act came into force with effect from 14th april, 1937. section 3 shall apply where ..... a hindu dies intestate, notwithstanding any rule of hindu law or custom to the contrary. sub-section (2) of section 3 provides that when a ..... to amend and codify the law relating to intestate succession amongst hindus, has enacted the hindu succession act of 1956. the act is a complete code in itself for the subject provided therein. this act has substantially improved the right of hindu woman. the right to property of the woman was limited as provided under the earlier act of 1937. however, this act under section .....

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Jun 09 2011 (HC)

Shyamsundar Raghunath Patil Vs. Chandrakant Narayan Zantye

Court : Mumbai

..... stands vitiated on wrong test or not, are the substantial question of law i.e. the provisions of section 23 of hindu succession act and section 14 of the hindu woman's right to property act, 1956 and section 3 of hindu woman's right to property act, 1937? whether the impugned judgment and order is based on his opinions, assumptions and conjectures and thus, there is ..... a serious error of law in not properly considering and appreciating the legal position that, as per the provisions of sec. 3 of the hindu woman rights of property act, 1937 the widow sitabai had legal right to the suit property after the death of her husband narayan in the year 1946. the courts below erred in law in holding that, the widow sitabai ..... position and the fact that, widow sitabai has absolute right to the extent of her 1/3rd share in ancestral property, after the death of her husband narayan in 1946 as per the provisions of section 3 of the hindu woman rights of property act, 1937 and after her (sitabai's) death in 1985, her share will devolve upon her heirs including the appellant ..... could be treated as release deed. secondly, it was contended that the defendant's mother had 1/3rd share in the suit property in view of section 3 of the hindu women's rights to property act, 1937 and, therefore the suit property could not have been partitioned. 4. both the courts below, however, held that the said document at exhibit-36 dated 7 .....

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Nov 28 1914 (PC)

Nachiappa Gounden, Minor by His Guardian Nallammal Vs. Rangasami Gound ...

Court : Chennai

Reported in : AIR1915Mad1088; (1915)28MLJ1

..... observe, ' it has always been a feature of indu law as administered by this board to attach great weight to the sanction by expectant reversioners of an alienation of property by a hindu woman as affording evidence that the alienation was under circumstances which rendered it lawful and valid'.40. if consent per se validated an aliertion it is difficult to see why ..... can turn round and dispute the title of a purchaser who has lent money to pay him off and who, to recoup himself, has purchased the property.49. it is argued that the principles of hindu law as to ratification and assent only apply to ratification by the next presumptive reversioner and that same principle cannot be applied where the alienation is ..... as administered by this board to attach great weight to the sanction by expectant reversioners of an alienation of property by a hindu woman as affording evidence that the alienation was under circumstances which rendered it lawful and valid, their lordships in this case consider that the conduct of the appellants themselves during those ..... strength of the transaction may find his title not established. at the same time, it has to be remembered that parties are as familiar with the hindu law as they are with the transfer of property act, and unless apt language has been employed suggesting a surrender and a regrant, courts should be slow to spell them out from stray recitals in .....

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Apr 12 1934 (PC)

Ramratanlal and ors. Vs. Gangotri Prasad and ors.

Court : Allahabad

Reported in : AIR1935All73; 152Ind.Cas.19

..... authorities which have been cited in support of this proposition in the book do not support the same. the ordinary rule is that a hindu widow is entitled to alienate the property of the last male owner for legal necessity, that term not necessarily implying only a pressure or danger to the estate which has got ..... as administered by this board to attach great weight to the sanction by expectant reversioners of an alienation of property by a hindu woman as affording evidence that the alienation was under circumstances which rendered it lawful and valid.8. again in the case of rangasami goundan v. ..... by the courts below. the facts are that one mt. anjora kuar was the widow of ram rachha lal and was, as a hindu widow, possessed of a certain zamindari property and a house. on 18th february 1878, she executed a document which purported to be a perpetual lease in favour of her brother's ..... to be averted, but also elm-bracing possibly within its scope benefit to the estate. a hindu widow therefore according to my view, is entitled to alienate the property when there is a danger to the estate and that danger has got to be averted or when in the exercise ..... were appreciable profits in the year 1878, and considerable profits at the present moment. the defendants in their written statement alleged that the value of the leased property should at least be fixed at rs. 2,700. no premium was paid for the transaction. the finding of the courts below that the transaction is .....

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Apr 03 1962 (HC)

K.M. Ramaswami Chetti and ors. Vs. P.K. Lakshmamma (Died) and ors.

Court : Andhra Pradesh

Reported in : AIR1963AP199

..... 776 (pc) makes it clear that upon the termination of the hindu woman's estate, the property descends to those who would have been the heirs of the husband if he had lived up to and died at the moment of her death. i am not ..... venkatarama ayyar, j., in : air1954mad227 and operate upon the death of the widow for the benefit of the divided members i.e. the ex-coparceners. the expression 'hindu woman's estate' also indicates that the property which she acquires on partition must devolve upon her husband's heirs. the decision of the privy council in monirarn kolita v. keri kolitani, ilr 5 cal ..... estate under the act, as her husband's heir by inheritance, and succession to him. and that all the incidents of a, hindu woman's estate apply to the interest so devolving on the widow, so that the property so vesting in her, would pass on her death to the heirs of her husband by succession, and would not pass to the whilom ..... owner and devolves on her demise, on the heirs of her late husband, in the same manner as his separate property would devolve; (3) and that all the incidents that would attach to 3 hindu woman's estate known and recognised under the hindu law, also attach to the interest that devolved on the widow under the act. 14. in this connection, mr. m .....

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Dec 19 1952 (HC)

Yeditha Venkanna Vs. Nakka Narayanamma and ors.

Court : Chennai

Reported in : AIR1954Mad136; (1953)IIMLJ652

..... sense.28. prathiyougika means as per apte's sanskrit and english dictionary 'antithetical', 'correlative' and 'relative'. when the language employed in the mitakshara as to under what circumstances the property of the hindu woman would go to her husband is, as has been pointed out, clear by men tion of the words (editor: the text of the vernacularif the vernacular matter is required ..... really no necessity for our judge-made law to strain any further in the direction of strict exclusion of illegitimate offspring in the line of succession to the stridhana property of a hindu woman, to bring it into line with other modern and more recently civilised communities. i agree with my learned brother that the decision of --'arnold white c. j. and moore ..... a manner wholly of utterly different from the bond between the father and his sons. this natural relationship and these inescapable facts are reflected in ancient hindu law governing succession to the stridhana property of a woman.3. there have been some decisions referred to by my learned brother with which we are unable with great respect to agree which have shown the ..... them in preference to her husband or any other relations. this is the basic humane and just principle embodied as i see it, in ancient hindu law governing succession to a woman's stridhana property which has received some belated recognition and application in the english legitimacy act of 1926.krishnaswami nayudu, j.6. the main question that arises for determination in .....

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Mar 12 1985 (SC)

Pratibha Rani Vs. Suraj Kumar and anr.

Court : Supreme Court of India

Reported in : AIR1985SC628; 1985CriLJ817; 1985(1)Crimes614(SC); [1985]155ITR190(SC); 1985(1)SCALE458; (1985)2SCC370; [1985]3SCR191

..... discussion of the nature, character and concomitants of stridhan. in the instant case, we are mainly concerned with that part of stridhan which is the absolute property of a married woman during coverture. sir gooroodas banerjee in 'hindu law of marriage and stridhana' while describing the nature of stridhan quoted katyayana thus:neither the husband, nor the son, nor the father, nor the ..... who refused to return the same to her.14. some courts were of the opinion that in view of section 27 of the hindu marriage act and section 14 of the hindu succession act, the concept of stridhan property of a woman was completely abolished. for instance, the punjab & haryana high court in a case reported in surindra mohan etc. v. smt. kiran saini ..... . gifts made by mother.6. gifts made by a brother.7. it is, therefore, manifest that the position of stridhan of a hindu married woman's property during coverture is absolutely clear and unambiguous; she is the absolute owner of such property and can deal with it in any manner she likes she may spend the whole of it or give it away at ..... of ownership either totally or partially.32. in these paragraphs the high court unequivocally and categorically expresses the view that a hindu woman has complete and full ownership of her individual property and the factum of marriage is of no relevance to determine the nature of the property. it also holds that articles like jewellery, wedding apparel and cash, etc., cannot alter any such .....

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Nov 15 1957 (HC)

Marudakkal and anr. Vs. Arumugha Goundar

Court : Chennai

Reported in : (1958)1MLJ101

..... matter, the legislature wisely introduced the clause ' whether acquired before or after the commencement of the act.' the legislature thereby made it clear that the section applied also to property which a hindu woman had inherited before the commencement of the act provided it was in her possession at the commencement of the act. to that extent, the section is retrospective. but the ..... that sub-section (1) would not apply to limitations imposed by the grant where property held by a hindu woman has been acquired under a grant. a hindu male acquiring property under such a grant would take the property subject to the limitations. the principle of equality does not demand that a hindu woman should be placed in a better position. that is the substance of section 14 ..... to examine the terms of section 14(1) in greater detail, to ascertain if it could be extended to property held by an alienee from a hindu woman under an alienation made before the commencement of the act. the section saysany property possessed by a female hindu.... shall be held by her as full owner thereof and not as a limited owner. the section would ..... death and the trespasser had not perfected his title by adverse possession when the act came into force, the property would be inherited by the female hindu. she would hold in it a woman's estate, though she was not in possession of the property. her interest gets enlarged by section 14(1) into full ownership, although she is not in possession. if, instead .....

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