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august 1966

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.

SATRUGHAN ISSER vs SMT. SUBUJPARI & OTHERS · Niyam