Supreme Court of India · 2008-02-15
CHEROTTE SUGATHAN (D) BY LRS. vs CHEROTTE BHARATHI .
- Citation / case number
- SC 2003/22975
- Court
- Supreme Court of India
- Petitioner
- CHEROTTE SUGATHAN (D) BY LRS.
- Respondent
- CHEROTTE BHARATHI .
- Author
- V.S. SIRPURKAR S.B. SINHA
- Bench
- V.S. SIRPURKAR S.B. SINHA
Judgment text excerpt
The Supreme Court addressed the applicability of Section 2 of the Hindu Widow's Remarriage Act, 1856 in a partition suit concerning properties bequeathed by Sri Pervakutty. The Court held that the first respondent, having remarried, ceased to have rights in the inherited properties from her deceased husband Sukumaran, thus impacting her claim for partition. The case was remanded to the lower court to determine the validity of the will and reassess the rights of the parties involved, particularly under Section 24 of the Hindu Succession Act.