Landmark Judgment on right to widow to demand partition in property of her Husband
In the light of above basic doctrine of jurisprudence, I
hold that the right having been given to a widow or mother or
women under the Act of 1956, she cannot be told that though she
has a right to get share, but she cannot file a suit for recovery of
share of her deceased husband as she has no right to file a suit.
When a right is given, the remedy has to be there namely; remedy
to file a suit for partition, which cannot depend upon the desire or
demand of other coparceners in the family to have a partition of
the joint family property. I don't think that personal law of
Hindus, in this context, can be said to be affected in any manner.
Any contrary interpretation would be in violence to the dicta
discussed above by me on the subject, and would be a retrograde
step.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Second Appeal No.119/2013
Mr. Santosh Popat Chavan,
...V E R S U S...
Mrs. Sulochana Rajiv @ Raju Chavan,
CORAM: A. B. CHAUDHARI, J.
Date of pronouncing the judgment: 12.12.2014
Citation;2015(5) ALLMR 604
hold that the right having been given to a widow or mother or
women under the Act of 1956, she cannot be told that though she
has a right to get share, but she cannot file a suit for recovery of
share of her deceased husband as she has no right to file a suit.
When a right is given, the remedy has to be there namely; remedy
to file a suit for partition, which cannot depend upon the desire or
demand of other coparceners in the family to have a partition of
the joint family property. I don't think that personal law of
Hindus, in this context, can be said to be affected in any manner.
Any contrary interpretation would be in violence to the dicta
discussed above by me on the subject, and would be a retrograde
step.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Second Appeal No.119/2013
Mr. Santosh Popat Chavan,
...V E R S U S...
Mrs. Sulochana Rajiv @ Raju Chavan,
CORAM: A. B. CHAUDHARI, J.
Date of pronouncing the judgment: 12.12.2014
Citation;2015(5) ALLMR 604
https://www.lawweb.in/2015/11/whether-widow-or-mother-or-women.html
