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Posted by: Shambasiv 02/05/2009 09:01:21

In case the widow remarries, she would not be divested of the property inherited by her simply on account of her remarrying.-Udham Kaur v. Harbans 1983 HLR 579

Posted by: Shambasiv 02/05/2009 09:01:08

In the case of a Hindu male governed by Mitakshara under s.8 of the Act, the property that devolves on him will be his separate property. Such a property would never amount to join family property in his hands as against his son.-Yudhishtir v. Ashok Kumar AIR 1987 SC 558

Posted by: Shambasiv 02/05/2009 09:00:56

Where a partition of a joint family property takes place and a separate share is given to the mother, then in the case of death of one of the sons the mother would be entitled to have a share in the separate property of her son. Fact that earlier when the partition took place she was given a share would not place any bar.-Savitri v. Devaki AIR 1982 Kar. 67

Posted by: Shambasiv 02/05/2009 09:00:44

Subsequent to the compromises decree, property would revert back to the estate of the donor after his lifetime, and it is the Hindu Succession Act that is to govern the succession to the property.-Maushan v. Taj Ram AIR 1980 SC 558



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