Supreme Court · 1996 INSC 1116 · Decided 25 September 1996

SMT. Himi and ANR. v. SMT. Hira Devi and ORS.

Court
Supreme Court of India
Citation
1996 INSC 1116 · [1996] SUPP. 6 S.C.R. 855
Case number
CIVIL APPEAL No. 4845/1989
Decided
25 September 1996
Bench
N.P. SINGH, S.B. MAJMUDAR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Hindu Succession Act Section 14(1); Succession Act Section 14(1)

Headnote

B Hindu Succession Act, 1956: S.14(1) and (2)-Hindu Female having a rest1icted Tight to occupy properties flowing from consent tenns not created in acknowledgment of any C pre-existing Tight of maintaince-Held, covered by Section 14 (2) and not S. 14 ( 1 )-She does not become absolute owner by his properties dividing equally the properties between his second wife "B" and daughter from the first wife "C". A died on 25th July 1946. "C" filed a civil suit on 5th May, 1947 challenging mutation of property in her step mother's (B's) name and for possession of

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