Supreme Court · 2008 INSC 207 · Decided 15 February 2008
Cherotte Sugathan (Died Through Lr's) & ORS. v. Cherotte Bharathi & ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 207 · [2008] 2 S.C.R. 984
- Case number
- CIVIL APPEAL No. 1323/2008
- Decided
- 15 February 2008
- Bench
- S.B. SINHA, V.S. SIRPURKAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Hindu Succession Act Section 14(1); Succession Act Section 14
Headnote
f.· Hindu VV'idow's Remarriage Act, 1856 - s. 2 - Hindu ~' Succession Act, 1956 - s. 14 - Right of widow in deceased c husband's property - Death of husband in 1976 - After his death, his widow remarried - Suit for partition by widow claiming share in property of husband - Held: She is entitled to decree as on death of her husband, his share vested in her absolutely . in terms of s. 14(1) of D 1956 Act - s. 2 of 1856 Act would not prevail over the provisions of 1956 Act having regard to ss.4 and 24. ,.. .. ' One 'SP' executed a Will on 11.10.1975
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