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may 1954

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.

KALISHANKER DAS AND ANOTHER vs DHIRENDRA NATH PATRA AND OTHERS. · Niyam