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february 1999

Supreme Court of India · 1999-02-24

SMT. BENI BAI vs RAGHUBIR PRASAD

Citation / case number
SC 1983/66121
Court
Supreme Court of India
Petitioner
SMT. BENI BAI
Respondent
RAGHUBIR PRASAD
Author
SYED SHAH MOHAMMED QUADRI V.N.KHARE
Bench
SYED SHAH MOHAMMED QUADRI V.N.KHARE

Judgment text excerpt

The Supreme Court held that under Section 14 of the Hindu Succession Act, the widow of Nanho Dubey, Smt. Bhagwati Bai, acquired absolute ownership of House No. 27 upon her husband's death, as her possession was in lieu of a pre-existing right. The Court distinguished between sub-section (1) and sub-section (2) of Section 14, affirming that since her right was recognized prior to the Will, she was competent to execute a Gift Deed in favor of her daughter. The judgment of the High Court was overturned, and the trial court's dismissal of the suit was upheld, validating the Gift Deed.

SMT. BENI BAI vs RAGHUBIR PRASAD · Niyam