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november 1996

Supreme Court of India · 1996-11-06

SMT. GULAB DEVI vs THE DEPUTY DIRECTOR OF CONSOLIDATION & ORS.

Citation / case number
SC 1983/66103
Court
Supreme Court of India
Petitioner
SMT. GULAB DEVI
Respondent
THE DEPUTY DIRECTOR OF CONSOLIDATION & ORS.
Author
K.S. PARIPOORNAN M.M. PUNCHHI
Bench
K.S. PARIPOORNAN M.M. PUNCHHI

Judgment text excerpt

The Supreme Court examined the succession rights under the U.P. Tenancy Act, 1939 and the U.P. Zamindari Abolition and Land Reforms Act, 1950. It held that the widow of a male tenant succeeds to the estate under Section 35 of the Tenancy Act, and upon her death, her unmarried daughters inherit equally. The Court found that the marriage of one sister did not bar her from succeeding to the estate of the other sister, as both had already succeeded to their father's estate prior to the Abolition Act coming into force, thus affirming the rights of the daughters under the relevant provisions of the law.

SMT. GULAB DEVI vs THE DEPUTY DIRECTOR OF CONSOLIDATION & ORS. · Niyam