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december 1989

Supreme Court of India · 1989-12-22

VIMLA BAI (DEAD) BY LRS. vs HIRALAL GUPTA AND ORS.

Citation / case number
SC 1973/60342
Court
Supreme Court of India
Petitioner
VIMLA BAI (DEAD) BY LRS.
Respondent
HIRALAL GUPTA AND ORS.
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that a Hindu is governed by his personal branch of law, which he carries with him, but the law of the province where he resides is prima facie applicable. The Court found that the plaintiff's family was governed by the Bombay School of Hindu Law, which recognizes female Bandhu as heirs, contrary to the Banaras School's position. The Court reversed the High Court's dismissal of the suit, declaring the gift deed void and affirming the plaintiff's entitlement to the property under Section 37 and Section 57 of the Indian Evidence Act.

VIMLA BAI (DEAD) BY LRS. vs HIRALAL GUPTA AND ORS. · Niyam