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.