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august 1969

Supreme Court of India · 1969-08-26

BADRI PERSHAD vs SMT. KANSO DEVI

Citation / case number
SC 1966/60297
Court
Supreme Court of India
Petitioner
BADRI PERSHAD
Respondent
SMT. KANSO DEVI
Author
A.N. GROVER
Bench
A.N. GROVER

Judgment text excerpt

The Supreme Court held that under Section 14(1) of the Hindu Succession Act, 1956, a widow who was allotted her share of property through an arbitration award prior to the Act's commencement became a full owner of that property. The Court clarified that the terms 'possessed' and 'acquired' in Section 14(1) encompass both actual and constructive possession, thus allowing the widow to transition from a limited owner to a full owner upon the Act's enforcement. The judgment affirmed the applicability of Section 14(1) over Section 14(2) in this context, establishing that the widow's rights were fully recognized under the new law despite her previous limited ownership status.

BADRI PERSHAD vs SMT. KANSO DEVI · Niyam