Supreme Court of India · 1954-05-21
KALISHANKER DAS AND ANOTHER vs DHIRENDRA NATH PATRA AND OTHERS.
- Citation / case number
- SC 1952/15
- Court
- Supreme Court of India
- Petitioner
- KALISHANKER DAS AND ANOTHER
- Respondent
- DHIRENDRA NATH PATRA AND OTHERS.
- Bench
- MUKHERJEA, B.K.
Judgment text excerpt
The Supreme Court held that under Hindu law, a widow does not have a vested right in the estate during her lifetime, and the eventual reversioner cannot claim through a presumptive reversioner unless they have a direct claim. The court clarified that a Hindu widow's interest is a qualified proprietorship, allowing alienation only under legal necessity. If an alienee proves legal necessity, they receive absolute title; otherwise, they only acquire the widow's estate, which does not affect the reversioner's interest. The appeal was dismissed, affirming the lower court's decision.