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Search Results for "widow's right"

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High Court

Bombay High Court Dismisses Daughter's Claim for Inheritance in Father's Property Dying Prior to 1956 Leaving Widow — Daughter Has No Right Under Hindu Women's Right to Property Act, 1937. The court held that under the Act of 1937, the widow alone inherits the separate property of her husband to the exclusion of the daughter, and the daughter cannot claim any right by inheritance when the father died before the Hindu Succession Act, 1956.

12 Nov 2024

The judgment concerns three second appeals referred to a Division Bench of the Bombay High Court to answer a substantial question of law regarding a d...

Supreme Court

Supreme Court Allows Appeal in Family Pension Case, Restoring Tribunal Order Favoring Adopted Son. Child Adopted by Widow After Government Servant's Death Entitled to Family Pension Under Rule 54(14)(b) of Central Civil Services (Pension) Rules, 1972, as Amendments Removed Bar and Hindu Adoptions and Maintenance Act, 1956 Deems Adoption Valid.

17 Jan 2023

The appeal arose from a dispute over entitlement to family pension under the Central Civil Services (Pension) Rules, 1972. The appellant, Sri Ram Shri...

Supreme Court

Supreme Court Allows Appeal in Partition Suit Based on Daughter's Inheritance Rights Under Pre-1956 Hindu Law. Property Deemed Self-Acquired, Daughter Inherits by Succession, Not Survivorship, Under Mitakshara Principles, Leading to Partition Decree for Appellants.

20 Jan 2022

The dispute arose from a partition suit filed by Thangammal, claiming a 1/5th share in properties originally owned by Marappa Gounder. The suit was di...

Supreme Court

Supreme Court Allows Tenant's Appeal in Maharashtra Tenancy Act Case — Right to Purchase Not Lost Due to Lack of Knowledge of Landlord's Death. The court held that the limitation period under Section 32-F of the Maharashtra Tenancy and Agricultural Lands Act, 1948 runs from the date the tenant gains knowledge of the cessation of the landlord's disability, not from the date of cessation itself.

18 Sep 2019

The case involves a dispute under the Maharashtra Tenancy and Agricultural Lands Act, 1948, concerning the right of tenants to purchase agricultural l...

Supreme Court

Supreme Court Dismisses Appeal in Property Dispute Over Inheritance and Limitation Under Mysore Hindu Law Women's Rights Act, 1933. The Court held that the suit for recovery of possession was barred by limitation as the appellants filed beyond 12 years from accrual of title, and the widow's preference under Section 4 of the Act rendered the grand-daughter's sale non est.

3 Apr 2019

The case involves a property dispute over the estate of Ramanna, who died in 1907. Ramanna was survived by his second wife Seethamma and a daughter Ve...

High Court

Bombay High Court Allows Second Appeal in Family Pension Dispute — Second Wife Entitled to Family Pension Despite Bigamous Marriage. Family Pension Cannot Be Bequeathed by Will as It Is a Statutory Right Under Maharashtra Civil Services (Pension) Rules, 1982.

28 Feb 2019

The case involves a dispute over family pension following the death of Mahaling Ramchandra Patil, a primary teacher who died on 5 May 2001. He had mar...

High Court

Bombay High Court Allows Appeal in Adoption and Hindu Women's Property Rights Case — Widow's Adoption in 1953 Does Not Extinguish Her Limited Estate Under Hindu Women's Rights to Property Act, 1937. The court held that the widow's adoption of a son does not divest her of the limited estate she inherited from her husband under the 1937 Act, and the adopted son does not acquire any right to the property during her lifetime.

19 Oct 2018

The case involves a second appeal before the Bombay High Court concerning the effect of adoption by a widow in 1953 on her rights under the Hindu Wome...

High Court

Bombay High Court Dismisses Petition Challenging Maintainability of Appeal by Widow Under Section 9 of MEPS Act. Widow of Dismissed Employee Can Maintain Appeal as Right Survives to Legal Representative for Service and Monetary Claims.

27 Sep 2016

The petitioners, Yogeshwari Shikshan Sanstha and Swami Ramanand Tirth College, challenged an order of the School Tribunal, Aurangabad, dated 15.1.2016...

High Court

Bombay High Court Dismisses Parents' Petition for Full Family Pension After Widow's Remarriage — Family Pension Entitlement Ceases Upon Remarriage Under Army Pension Regulations. The court upheld the validity of para 11.3 of the letter dated 12.11.2008 and held that parents are not entitled to full family pension after the widow's remarriage.

16 Sep 2015

The petitioners, Smt. Shakuntala Bansidhar Gadekar and Bansidhar s/o Bhaudu Gadekar, are the parents of deceased Vijay Gadekar, who served in the Indi...

High Court

Bombay High Court Dismisses Widow's Partition Suit Due to Remarriage Before Hindu Succession Act, 1956 — Section 14 Benefit Not Available to Widow Who Remarried Prior to Act's Commencement

20 Oct 2011

The case involves a second appeal filed by the heirs of the original plaintiff, Sitabai Narhari Rakshe, against the dismissal of her suit for partitio...

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