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april 1965

Supreme Court of India · 1965-04-20

RADHA RANI BHARGAVA vs HANUMAN PRASAD BHARGAVA

Citation / case number
SC 1961/264
Court
Supreme Court of India
Petitioner
RADHA RANI BHARGAVA
Respondent
HANUMAN PRASAD BHARGAVA
Bench
BACHAWAT, R.S.

Judgment text excerpt

The Supreme Court held that a reversioner can maintain a suit for a declaration that an alienation made by a Hindu female limited owner before the Hindu Succession Act, 1956, was without legal necessity and not binding on the reversioners. The Court ruled that the heirs of the widow are not necessary parties to the suit after her death, as the plaintiff can represent the estate in a representative capacity. The appeal was allowed, affirming that the declaratory suit remains valid despite the widow's death and the absence of her heirs.

RADHA RANI BHARGAVA vs HANUMAN PRASAD BHARGAVA · Niyam