Supreme Court · 1989 INSC 311 · Decided 17 October 1989

Sau Ashabai Kate v. Vithal Bhika Nade

Court
Supreme Court of India
Citation
1989 INSC 311 · [1989] SUPP. 1 S.C.R. 464
Case number
CIVIL APPEAL No. 1846/1974
Decided
17 October 1989
Bench
L.M. SHARMA, T.K. THOMMEN (2-judge bench)
Outcome
Case Partly allowed
Case type
Civil
Acts & sections cited
CPC Section 100; Constitution; Hindu Succession Act; Succession Act

Headnote

Hindu Law: Remarriage of son's widow-Power of son's mother to adopt-Whether revives. The disputed property belonged to a joint Hiodu family, governed by Mitakshra law of which one Bhiku and his son were coparceners. Bhiku died leaving behind Parvati his widow and a son, Balu. Soon after, Balo too appellant. Sometime later Lilahai remarried. Thereupon Parvati, Bhiku's surviving wife adopted Vithal, the present respondent io this appeal. The appellant, Ashabai on attain­ ing majority filed the present suit for a decree for possession of proper­ ties with mesne profits and a

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