Supreme Court of India · 1985-03-19
SHAMBHU CHARAN SHUKLA vs THAKUR LADLI RADHA CHANDRA BMADAN GOPALJI MAHARAJ & ANR
- Citation / case number
- SC 1979/62884
- Court
- Supreme Court of India
- Petitioner
- SHAMBHU CHARAN SHUKLA
- Respondent
- THAKUR LADLI RADHA CHANDRA BMADAN GOPALJI MAHARAJ & ANR
- Author
- A. VARADARAJAN
- Bench
- A. VARADARAJAN
Judgment text excerpt
The Supreme Court held that under Section 14(1) of the Hindu Succession Act, 1956, the limited shebaiti right of a Hindu female can be enlarged into an absolute right upon the death of her husband. The Court found that the widow, as the heir of the founder, succeeded to the shebaiti right and could validly appoint a successor through her will. The appeal was dismissed, affirming the High Court's ruling that the widow's appointment of the second respondent as shebait was valid and that the shebaiti right was heritable property.