HINDU SUCCESSION ACT,1956 – CASE LAW – Section 24
- Baliramatmaran v. Rahubai
- Bench: P. R. Borkar J.
Facts:
- Atmaram had two sons Baliram and Jagannath. Jagannath died in 1962 leaving behind his widow. Later Atmaram also died.
- Rahubai, the widow of jagannath filed the suit for claiming ½ share in the property of Atmaram, which is ancestral property.
Issue:
Whether Rahubai is entitled to claim share in the property, as she remarried, or not?
Contentions raised by Respondent:
- She shall have the same right of claiming partition as a male owner.
- At the time of death on 19.12.1956, respondent-Rahubai was a member of the joint family of defendants. The possession of joint property by her father-in-law or brother-in-law can be said to be possession for and on behalf of the entire family.
In view of the above, respondent-Rahubai has become absolute owner under Section 14 of the Hindu Succession Act, 1956 of 1/3rd share which she had inherited from her husband Jagannath.
Contentions raised by Appellant:
- Widow was not in actual possession of the property and there is no pre-existing right.
- After remarriage, the plaintiff/respondent could not have inherited the share of deceased Atmaram and the District Court has clearly committed error in holding that respondent-Rahubai was entitled to 1/2 share.
Held:
The court observed, at the time, Respondent having re-married in 1962 prior to the death of Atmaram, it cannot be said that respondent-Rahubai has inherited share of deceased defendant no.1-Atmaram after his death. At that time provisions of Section 24 of the Hindu Succession Act, 1956 were applicable.
