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november 2007

Supreme Court of India · 2007-11-20

SANTOSH vs SARASWATHIBAI

Citation / case number
SC 2006/2427
Court
Supreme Court of India
Petitioner
SANTOSH
Respondent
SARASWATHIBAI
Author
HARJIT SINGH BEDI S.B. SINHA
Bench
HARJIT SINGH BEDI S.B. SINHA

Judgment text excerpt

The Supreme Court examined the application of Section 14(1) of the Hindu Succession Act, 1956, which provides that any property possessed by a female Hindu shall be her absolute property. The Court held that the consent decree in Original Suit No. 34 of 1964 did not restrict the rights of the female heir under Section 14(1), thus allowing the heirs of Sundrabai to claim ownership of the land. The judgment of the Karnataka High Court was set aside, affirming the legal principle that a female heir's rights cannot be curtailed by prior agreements or decrees.

SANTOSH vs SARASWATHIBAI · Niyam