HINDU SUCCESSION ACT,1956 – CASE LAW – Section 24
Cherotte Sugathan v. Cherotte Bharathi
Bench: JJS.B. Sinha andV.S. Sirpurkar
Facts:
- The properties in dispute belonged to Sri Pervakutty. He had three sons and two daughters. He allegedly executed a will on 11.10.1975 bequeathing the said properties in favor of his sons.
- In the said Will, provisions were allegedly made for payment of monthly allowance to the wife of Sri Pervakutty,and also right of residence in the house situated therein. Sri Pervakutty died on 20.10.1975. Sukumaran( His Son ) died on 2.8.1976.
- The widow of SukumaranFiled a case claiming 1/3rd share in the property.
Issue:
Whether the widow of deceased son is entitled to claim share in the property or she is disqualified under Section 24?
Contentions raised by Respondent:
- The purported Will dated 11.10.1975 was not a valid one.
- Upon the death of Sukumaran, his share vested in the appellant absolutely. Such absolute vesting of property in her could not be ceased.
Contentions raised by Appellant:
- Respondent remarriedElambilakkatSudharkaran.All rights and interests which any widow may have in her deceased husband’s property by way of maintenance, or by inheritance to her husband to his lineal successors, or by virtue of any will or testamentary disposition conferring upon her, without express permission to re-marry, only a limited interest in such property, with no power of alienating the same, shall upon her re-marriage cease.
Held:
The Court observed, Remarriage of a widow stands legalized by reason of the incorporation of the Act of 1956 but on her remarriage she forfeits the right to obtain any benefit from out of her deceased husband’s estate. The estate in that event would pass on to the next heir of her deceased husband as if she were dead.
