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october 1950

Supreme Court of India · 1950-10-12

[IN THE SUPREME COURT OF INDIA (HYDERABAD).]KAPORE CHAND vs KADAR UNNISA BEGUM AND OTHERS

Citation / case number
SC 1950/75
Court
Supreme Court of India
Petitioner
[IN THE SUPREME COURT OF INDIA (HYDERABAD).]KAPORE CHAND
Respondent
KADAR UNNISA BEGUM AND OTHERS
Author
SIDDIQUI KHALILUZZAMAN
Bench
SIDDIQUI KHALILUZZAMAN J.

Judgment text excerpt

The Supreme Court ruled that a Muhammadan widow in possession of her husband's estate in lieu of dower does not have priority over his unsecured creditors. The Court clarified that there is no inherent priority in the nature of dower claims, and without a specific charge or mortgage in favor of the widow, her claim does not supersede that of other creditors. The appeal was dismissed, affirming the lower court's decision that the widow's claim for dower does not equate to a secured creditor's position.

[IN THE SUPREME COURT OF INDIA (HYDERABAD).]KAPORE CHAND vs KADAR UNNISA BEGUM AND OTHERS · Niyam