N.K.Assumi (Advocate) 25 June 2009
A hindu widow alienated her deceased husband's property against the wishes of the reversioner. Now, whether the reversioner should file declaratory suit to set aside the alienation to maintain status quo or they should wait till the death of the widow. In such a case are the heirs of the widow also a necessary party to the proceedings?
Shree. ( Advocate.) 27 June 2009
Dear Assumi Sir,
They can, after the death of a woman or after the termination of the estate, whichever is earlier, file a suit for declaration (or possession or both) that an alienation made by the widow was improper and did not bind them. See Bijoy Gopal Mukherji vs. Krishna Mahisi (1907) 34 IA 87, where the alternative remedies of reversioners are set out.
In Radha Rani Bhargava v/s. Hanuman Prasad Bhargava, AIR 1966 SC 216, the Apex Court said that when a Hindu female-holder of woman’s estate makes improper alienation, the reversioners are not bound to institute a declaratory suit during the lifetime of the female-holder. After the death of the woman, they can sue the alienee for possession of the estate treating the alienation as a nullity.
Section 14 of the Hindu Succession Act, 1956 has abolished certain woman’s estates. However, in respect of woman’s estates which are outside the purview of section 14 of the HSA, 1956, reversioner’s right under the old Hindu law still enures.
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