HINDU SUCCESSION ACT,1956 – CASE LAW – Section 24
Bench:
V.M. Jain, J.
Facts:
- Bachnidevi was the granddaughter of Thainu. Jeeto is the widow of deceased Barkat(son of Thainu).
- Barkat died in 1957 leaving behind his widow who remarried to Hukam in 1959. Whereas, Thainu died in 1960 leaving behind Bachnidevi the only legal heir of his.
- The property of Thainu was sanctioned in favor of jeeto as at the time of Thainu’s death Bachnidevi was minor. Bachnidevi filed an appeal claiming the property of Thainu.
Issue:
Whether Jeeto has right to inherit the property of Thainu or not?
Contentions raised by Respondent:
- Jeeto Married to Hukamsingh after the death of Thainu, Thus, at the time of death of Thainu the respondent was the member of the family and can inherit the property of Thainu.
Contentions raised by Appellant:
- According to Appellant, Jeeto Married to Hukam after the death of Thainu so she is not entitled to claim the property.
- She is not entitled to claim property of Thainu because under Section 24 she cease to inherit the property as she remarries.
Held:
The Court observed, Thainu died in 1960 and the Mutation of property was sanctioned in 1961. Appellant failed to prove that respondent married before the death of Thainu. According to Sanctioned Mutation appellant and respondent was given ½ of the property to each. Also the appellant attained majority in 1970 and she challenges the mutation in 1989 Thus, this appeal was barred with time.
