HIRAJI TOLAJI BAGWAN vs SHAKUNTALA

The Supreme Court held that under the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958, a partition of ancestral property cannot confer rights to a female, major or minor, as they do not have a share in such property under Hindu Law. The Court clarified that any transfer of land after 1st August 1953 does not grant the transferee the right to terminate the tenancy of a protected lessee, as established in Section 38(7) of the Act. The appeal was allowed, reversing the High Court's dismissal of the writ petition.