udaen

EarthNity with social development and rural enterpreneurship

Month: April 2019

agro farming sector

दिल्ली/ 37 साल की गीतांजलि चला रही हैं ऑर्गेनिक खेती की कंपनी, ग्राहक उगवाते हैं पसंद की सब्जी

Apr 8, 2019 udaen

दिल्ली/ 37 साल की गीतांजलि चला रही हैं ऑर्गेनिक खेती की कंपनी, ग्राहक उगवाते हैं पसंद की सब्जी नई दिल्ली.एक ओर…

Information

Widow who remarries does not lose rights over late husband’s property CASE BRIEFSHIGH COURTS Published on July 23, 2015By Editor 1 Comment Bombay High Court: In a judgment, a bench comprising of VM Kanade and CB Colabawalla, JJ has ruled that a widow, even after she has remarried, has the rights over her former husband’s properties. In the present case, the petition was filed by a man against his former sister-in-law who had claimed the right over her deceased husband’s properties after she married another man. The brother of the deceased relied on the provisions of the Hindu Widows’ Re-marriage Act, 1856, which stated the limited right and interest which a widow had in her deceased husband’s property would cease to exist if she remarries without express permission, and the next heirs of her deceased husband, or other persons entitled to the property, shall thereupon succeed to the same. The Court ruled that provisions of the Hindu Succession Act, 1956 would prevail over the repealed Hindu Widows’ Remarriage Act, 1856. There was no provision in the Hindu Succession Act, 1956 which was pari materia with section 2 of the Hindu Widows’ Re-Marriage Act, 1856. The Court further observed that even after remarriage she would qualify as Class I heir and the husband’s kin would still be a Class II heir. It was further observed that a woman doesn’t lose rights over her dead husband’s properties – moveable and immoveable even if she remarries. Sanjay Purshottam Patankar vs. Prajakta Pramnod Patil, 2015 SCC OnLine Bom 3487, decided on 25th June, 2015 Share this: Click to print (Opens in new window)Click to share on Twitter (Opens in new window)1Click to share on Facebook (Opens in new window)1Click to share on LinkedIn (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Telegram (Opens in new window)More Related Succession to a Hindu male dying intestate will vest only in the widow excluding the daughters January 16, 2016 In “Case Briefs” Law does not restrict the eldest female coparcener of HUF property from being its Karta February 6, 2016 In “Case Briefs” Gau HC | S.6 of Hindu Succession Act doesn’t apply to Dayabhaga school law; Proviso to S.6 (1) or S.6(5) not applicable in case of fraudulent transaction March 4, 2019 In “Case Briefs” TAGGED WITH: property Avatar Written by Editor Post navigation PREVIOUS STORY Compensation of Rs. 5 lakh awarded for failure of doctors to diagnose foetal anomalies NEXT STORY Necessity for decriminalizing Sections 499 and 500 of IPC (defamation), discussed WE RECOMMEND CASE BRIEFSFOREIGN COURTS Amendment to pleadings should be allowed, if there is no prejudice to the respondent HIGH COURTS Live in relationships comes under the purview of Section 376 IPC CASE BRIEFSTRIBUNALS/COMMISSIONS/REGULATORY BODIES Notice issued to Union Home Ministry on allegations of draconian approach over renewal of FCRA license to NGOs of Human Rights Defenders ONE COMMENT Avatar Jaswant bohra Feb 27, 2019 So usefull REPLY JOIN THE DISCUSSION Your email address will not be published. Required fields are marked Comment * Name * Email * Website Notify me of follow-up comments by email. Notify me of new posts by email. This site uses Akismet to reduce spam. Learn how your comment data is processed. POPULAR ON SCC ONLINE BLOG CASE BRIEFSHIGH COURTS Del HC | Conviction for S. 138 NI Act offence reversed where complainant incapable of extending the subject loan CASE BRIEFSHIGH COURTS Cal HC | Authorised signatory not to be prosecuted under S. 138 NI Act if the company not arraigned as accused CASES REPORTEDSUPREME COURT CASES 2019 SCC Vol. 2 March 7, 2019 Part 4 CASE BRIEFSHIGH COURTS Chh HC | The three ingredients under S. 107 IPC required to be fulfilled for framing of charge under S. 306 IPC LAW SCHOOL NEWSLIVE BLOGGING The Tenth NLU Antitrust Law Moot Court Competition – Live Blog MOST COMMENTED HOT OFF THE PRESSNEWS Rafale Deal: SC reserves order on admissibility of the ‘leaked’ documents CASE BRIEFSHIGH COURTS Jha HC | Mere absence of a ticket with the deceased will not negative claim of being a bonafide passenger, Court reiterates LEGISLATION UPDATESNOTIFICATIONS GST | Decisions by GST Council in 34th meeting regarding GST Rate on “Real Estate Sector” CASE BRIEFSHIGH COURTS Madras HC | Pollachi Rape Case | Court refuses to quash summons issued against Editor of Nakkheeran Publications CASE BRIEFSHIGH COURTS Del HC | Conviction for S. 138 NI Act offence reversed where complainant incapable of extending the subject loan TAGS #SCC Aadhaar Amendment Anticipatory Bail Appeal Appointment Appointment Of Judges Appointments Arbitration Bail Cases Reported CBI Compensation Conviction Corruption Cruelty Data Protection Divorce Election Evidence FIR Fundamental Rights GNLU GST Human Rights Interpretation Investigation Jurisdiction Maintenance Marriage MoU Murder NHRC Pension Privacy Rape RBI Reservation Right To Information SEBI Section 482 Crpc Sentence Supreme Court Supreme Court Cases Transfer Disclaimer : The content of this Blog are for informational purposes only and for the reader’s personal non-commercial use. The views expressed are not the personal views of EBC Publishing Pvt. Ltd. and do not constitute legal advice. The contents are intended, but not guaranteed, to be correct, complete, or up to date. EBC Publishing Pvt. Ltd. disclaims all liability to any person for any loss or damage caused by errors or omissions, whether arising from negligence, accident or any other cause. © 2018 EBC Publishing Pvt. Ltd. All rights reserved. ff notification icon

Apr 7, 2019 udaen

Bombay High Court: In a judgment, a bench comprising of VM Kanade and CB Colabawalla, JJ  has ruled that a widow,…

Information

Sister’s right in ancestral property upheld by virtue of Hindu Women’s Right to Property Act and Hindu Succession Act CASE BRIEFSHIGH COURTS Published on April 6, 2019By Devika Leave a comment Bombay High Court: Sandeep K. Shinde, J., upheld the order of the first Appellate Court whereby it reversed the trial court’s decision and held that the sister (respondent herein) was entitled to a right in the ancestral property along with her brother (appellant herein). One Waman Bala died in 1944 leaving behind the parties herein and their mother. The character of the suit property was ancestral. After Waman’s death, the name of the brother was alone entered into the records of rights of the suit property. Their mother left the house in 1972 in a state of insanity and her whereabouts were not known. The sister, apprehending alienation of the property by the brother, filed a suit claiming her rights in the same. The suit was defended by the brother and the trial court dismissed the suit. The sister challenged the said decision and the first Appellate Court reversed the trial court’s decision. Aggrieved thereby, the brother filed the present appeal. While discussing the law in the subject, the High Court referred to Section 3 (devolution of property) of the Hindu Women’s Right of Property Act, 1937. As per Section 3(2) and (3), if a Hindu governed by any school of law other than Dayabhaga dies, his right in Hindu Joint family property devolves on his wife with limited interest which is known as the Hindu Woman’s Estate. Also as per sub-section (1) of Section 14 (property of a female Hindu to be her absolute property) of the Hindu Succession Act, 1956 a Hindu female is a full owner of any property possessed by her, and this includes all modes of acquisition including inheritance or device [Explanation to Section 14(1)]. Thus, observed the Court: “the limited interest or Hindu Woman’s Estate [acquired under Section 3 of the Hindu Women’s Right Property Act] shall be held by the widow as full owner in terms of provisions of Section 14(1) of Hindu Succession Act, 1956″. In the case at hand, the Court stated: “it is not in dispute that mother of the plaintiff and the defendant had died after 1956 and, therefore, her interest in the property would devolve as per the scheme in terms of Section 15 of the Hindu Succession Act, 1956. Thus, her property will devolve upon her sons, daughters and husband.” On the holistic view of the matter, the Court found no error with the order of the first Appellate Court. Therefore, the present appeal was dismissed. [Jagannath Waman Undre v. Yamunabai Sitaram Kadam, Second Appeal No. 126 of 2018, decided on 01-04-2019] Share this: Click to print (Opens in new window)Click to share on Twitter (Opens in new window)159Click to share on Facebook (Opens in new window)159Click to share on LinkedIn (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Telegram (Opens in new window)More Related Succession to a Hindu male dying intestate will vest only in the widow excluding the daughters January 16, 2016 In “Case Briefs” Gau HC | S.6 of Hindu Succession Act doesn’t apply to Dayabhaga school law; Proviso to S.6 (1) or S.6(5) not applicable in case of fraudulent transaction March 4, 2019 In “Case Briefs” Widow who remarries does not lose rights over late husband’s property July 23, 2015 In “Case Briefs” TAGGED WITH: Ancestral Property, Hindu Woman’s Estate, Section 14 (property of a female Hindu to be her absolute property), Section 3 (devolution of property) of the Hindu Women’s Right of Property Act Avatar Written by Devika Post navigation PREVIOUS STORY CCI | All India Sugar Trade Association alleged for circulating “price sensitive information” amongst cartel members NEXT STORY Del HC | Maintenance under S. 125 CrPC to be ordinarily awarded from date of application; award from date of order is exception WE RECOMMEND CASE BRIEFSHIGH COURTS Application seeking condonation of delay and main proceeding cannot be clubbed together along with adduced evidence under Order 9 Rule 13 CPC CASE BRIEFSHIGH COURTS HP HC | Court grants liberty and protection to similarly placed stone-crushers to avoid multiplicity of litigation CASE BRIEFSHIGH COURTS Free Medical Services and Employment ordered for Acid Attack Victim JOIN THE DISCUSSION Your email address will not be published. Required fields are marked Comment * Name * Email * Website Notify me of follow-up comments by email. Notify me of new posts by email. This site uses Akismet to reduce spam. Learn how your comment data is processed. POPULAR ON SCC ONLINE BLOG CASE BRIEFSHIGH COURTS Del HC | Conviction for S. 138 NI Act offence reversed where complainant incapable of extending the subject loan CASE BRIEFSHIGH COURTS Cal HC | Authorised signatory not to be prosecuted under S. 138 NI Act if the company not arraigned as accused CASE BRIEFSHIGH COURTS Chh HC | The three ingredients under S. 107 IPC required to be fulfilled for framing of charge under S. 306 IPC CASES REPORTEDSUPREME COURT CASES 2019 SCC Vol. 2 March 7, 2019 Part 4 LAW SCHOOL NEWSLIVE BLOGGING The Tenth NLU Antitrust Law Moot Court Competition – Live Blog MOST COMMENTED HOT OFF THE PRESSNEWS Rafale Deal: SC reserves order on admissibility of the ‘leaked’ documents CASE BRIEFSHIGH COURTS Jha HC | Mere absence of a ticket with the deceased will not negative claim of being a bonafide passenger, Court reiterates LEGISLATION UPDATESNOTIFICATIONS GST | Decisions by GST Council in 34th meeting regarding GST Rate on “Real Estate Sector” CASE BRIEFSHIGH COURTS Madras HC | Pollachi Rape Case | Court refuses to quash summons issued against Editor of Nakkheeran Publications CASE BRIEFSHIGH COURTS Del HC | Conviction for S. 138 NI Act offence reversed where complainant incapable of extending the subject loan TAGS #SCC Aadhaar Amendment Anticipatory Bail Appeal Appointment Appointment Of Judges Appointments Arbitration Bail Cases Reported CBI Compensation Conviction Corruption Cruelty Data Protection Divorce Election Evidence FIR Fundamental Rights GNLU GST Human Rights Interpretation Investigation Jurisdiction Maintenance Marriage MoU Murder NHRC Pension Privacy Rape RBI Reservation Right To Information SEBI Section 482 Crpc Sentence Supreme Court Supreme Court Cases Transfer Disclaimer : The content of this Blog are for informational purposes only and for the reader’s personal non-commercial use. The views expressed are not the personal views of EBC Publishing Pvt. Ltd. and do not constitute legal advice. The contents are intended, but not guaranteed, to be correct, complete, or up to date. EBC Publishing Pvt. Ltd. disclaims all liability to any person for any loss or damage caused by errors or omissions, whether arising from negligence, accident or any other cause. © 2018 EBC Publishing Pvt. Ltd. All rights reserved. ff notification icon

Apr 7, 2019 udaen

Bombay High Court: Sandeep K. Shinde, J., upheld the order of the first Appellate Court whereby it reversed the trial court’s…

Information

अनुराग कश्यप, नसीरुद्दीन शाह सहित 600 से ज्यादा हस्तियों की अपील- ‘भाजपा को न दें वोट’

Apr 6, 2019 udaen

फिल्म मेकर और लेखकों के बाद अब थियेटर कलाकारों ने मतदाताओं से इस लोकसभा चुनाव में सत्तारूढ़ भाजपा को वोट…

Culture

बिना डिग्री और पूंजी के इस कारोबार को कर आसानी से कमा सकते हैं 7-8 लाख रु, तेजी से फल-फूल रहा यह व्यापार व्यापार चलता है एक फीसदी कमीशन पर

Apr 6, 2019 udaen

नई दिल्ली। अपने बेटे-बेटियों की शादी के लिए इच्छुक दो परिवारों को मिलाकर आप एक साल में 7-8 लाख रुपये आसानी…

You missed

Uncategorized

निजता की आड़ में पत्रकारिता पर अंकुश तो नहीं? लोकतंत्र के सामने नई चुनौती

Oct 29, 2026 udaen
Uncategorized

पत्रकारिता की आजादी बनाम मोदी सरकार का डेटा कानून: 21 मीडिया संस्थानों की सुप्रीम कोर्ट में 698 पन्नों की चुनौती

Oct 28, 2026 udaen
awareness

प्रदेश सरकार ने सीबीएसई से संबद्ध स्कूलों के लिए 3,100 शिक्षकों की नियुक्ति को दी मंजूरी

Oct 28, 2026 udaen
agro farming sector awareness

दिल्ली देहात में ‘खेत बचाओ अभियान’ के तहत वैज्ञानिकों ने किसानों से किया सीधा संवाद

Oct 28, 2026 udaen