Supreme Court · 2009 INSC 671 · Decided 5 May 2009
Omprakash & ORS. v. Radhacharan & ORS.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 671 · [2009] 7 S.C.R. 1007
- Case number
- CIVIL APPEAL No. 3241/2009
- Decided
- 5 May 2009
- Bench
- S.B. SINHA, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Hindu Succession Act Section 15(1), 15; Succession Act Section 15(1)
Headnote
Hindu Succession Act, 1956: ss. 15(1) and (2) - Applicability of - Self acquired properties - Widow turned out of matrimonial house - Got education and support at parental house - Died intestate - Devolution of property - Held: Sub- c section ( 1) of s. 15 would apply and not sub-section (2) be guiding factor in determining rights of parties which are otherwise clear and unambiguous - Normal rule of succession must prevail - Interpretation of statutes. D ... ~ ~ One 'N' became widow within 3 months of her marriage and was turned out of matrimonial house. Thereafter she stayed in
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