Case Note & Summary
The case involves an appeal filed by Sanjay Purshottam Patankar, the brother of the deceased Prakash Purushottam Patankar, against an order dated 8th September 2006 passed by a learned Single Judge of the Bombay High Court. The order declined to grant any relief in the Notice of Motion filed by the appellant in Testamentary Petition No.676 of 2006. The background facts are that the deceased died on 18th May 1998. His widow, the respondent Prajakta Pramnod Patil, remarried on 14th December 1998. The mother of the deceased died on 29th March 2001. In 2002, the respondent filed Testamentary Petition No.546 of 2002 seeking a Succession Certificate in relation to the estate of the deceased, which was granted in her favour on 22nd June 2006. Meanwhile, the appellant also filed Testamentary Petition No.676 of 2002 seeking a Succession Certificate, and in that petition, he filed the Notice of Motion seeking a stay of the order granting the Succession Certificate to the respondent. The learned Single Judge dismissed the Notice of Motion, leading to the present appeal. The sole argument advanced by the appellant's counsel was that the Succession Certificate granted in favour of the respondent was invalid because she had remarried. It was submitted that under Hindu law, particularly Section 2 of the Hindu Widows' Re-Marriage Act, 1856, a widow loses all rights to the property of her deceased husband upon remarriage. The Court considered this submission and held that the Hindu Widows' Re-Marriage Act, 1856 is not applicable in the present case. The Court noted that the respondent, as a widow, is a Class I heir under the Hindu Succession Act, 1956, and inherits the property of the deceased husband. The Hindu Widows' Re-Marriage Act, 1856, which dealt with the forfeiture of a widow's interest upon remarriage, has been superseded by the Hindu Succession Act, 1956. Under the Hindu Succession Act, a widow does not lose her right to inherit the property of her deceased husband upon remarriage. Therefore, the Succession Certificate granted in favour of the respondent was valid. The Court found no merit in the appeal and dismissed it, upholding the order of the learned Single Judge.
Headnote
A) Succession Law - Succession Certificate - Remarriage of Widow - Hindu Widows' Re-Marriage Act, 1856, Section 2; Hindu Succession Act, 1956 - The appellant brother of the deceased challenged the grant of Succession Certificate to the widow on the ground that she had remarried and thus lost all rights to the deceased's property under Section 2 of the Hindu Widows' Re-Marriage Act, 1856. The Court held that the Hindu Widows' Re-Marriage Act, 1856 is not applicable as the widow inherits as a Class I heir under the Hindu Succession Act, 1956, and remarriage does not divest her of the right to a Succession Certificate. The appeal was dismissed. (Paras 1-5)
Issue of Consideration
Whether the Succession Certificate granted in favour of the widow of the deceased is invalid because she remarried, and whether Section 2 of the Hindu Widows' Re-Marriage Act, 1856 disentitles her from claiming the certificate.
Final Decision
Appeal dismissed. Order of Single Judge dated 8th September 2006 upheld. No order as to costs.
Law Points
- Succession Certificate
- Hindu Widows' Re-Marriage Act 1856
- Hindu Succession Act 1956
- Remarriage of widow
- Class I heir
- Section 2 of Hindu Widows' Re-Marriage Act 1856
