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march 1985

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.

SHAMBHU CHARAN SHUKLA vs THAKUR LADLI RADHA CHANDRA BMADAN GOPALJI MAHARAJ & ANR · Niyam