Supreme Court of India · 1966-08-04
SATRUGHAN ISSER vs SMT. SUBUJPARI & OTHERS
- Citation / case number
- SC 1963/159
- Court
- Supreme Court of India
- Petitioner
- SATRUGHAN ISSER
- Respondent
- SMT. SUBUJPARI & OTHERS
- Bench
- SHAH, J.C.
Judgment text excerpt
The Supreme Court held that under Section 3 of the Hindu Women’s Rights to Property Act, 1937, a widow is invested with her deceased husband's interest in coparcenary property, which is defined and vested in her upon filing for partition. The Court clarified that while the widow does not become a coparcener, her claim for partition extinguishes the right of survivorship of other coparceners. The High Court's decree granting the widow possession of her share was upheld, affirming her rights under the Act.