...Woman's Right to Property Act, 1937. Section 3(1) of that Act which provides for the devolution of the property reads thus:“When a .......”15. From this provision it is clear that Hindu Women's Right to Property Act, 1937 applies only to the separate property left by a ...Rights to Property Act (18 of 1937), it must be held that Defendants 1 to 3 are nearer heirs to the deceased than the plaintiff. This contention was negatived by the High Court on the basis of the...

...Succession Act and section 14 of the Hindu Woman's Right to Property Act, 1956 and section 3 of Hindu Woman's Right to Property ...the suit property since she had not challenged the partition and secondly, though under the Hindu Women's Right to Property Act, 1937, she had limited ...in the suit property in view of section 3 of the Hindu Women's Rights to Property Act, 1937 and, therefore the suit property could not have been partitioned....

...Hindu Succession Act.The first defendant in this case lost her husband prior to the Hindu ...about the year 1932 prior to the Hindu Women's Right to Property Act, 1937 leaving surviving his widow Thatha Muniamma and four sons, Venkatachalam Chetti, Guru...the “widow's estate” in Hindu law.No doubt property given to a female in lieu of maintenance either before or after the Act, becomes her absolute property under sub-S. (1). But sub-S...

...per Section 14(1) of the Hindu Succession Act, 1956, and therefore, it could be seen that Hindu Woman's estate derived by Parvathy Ammal under the Hindu ...Iyer derived 1/2 share in the property left by Balasubramania Iyer, it could be seen that as per Section 3(2) of the Hindu Women's Rights to Property Act, 1937, it is on...Rights to Property Act, 1937, it is found that Parvathy Ammal shall have in the property the same interest as her husband had. Thus it could be seen that inasmuch as her husband Ramamurthy...

...residing separately from her parents. According to him, after the death of Narve Somoji Rao, as per the provisions of the Hindu Woman's Right to Property Act, 1937 (‘Act...widow of Narve Somoji Rao succeeded to the schedule property and she was the only absolute owner of the suit schedule property. It is also the case of the 1st defendant that Ladu Bai executed a registered...Will on 15.3.1952 bequeathing the entire schedule property to the 1st defendant. It is also his case that he was given in adoption and he was brought up by his maternal grand-parents. It is also his...

...maintenance out of her husband's property as recognized under The Hindu Woman's Right to Property Act, 1937, and Hindu Adoption and Maintenance ...) of Section 14 of the Hindu Succession Act even if the instrument, decree, order or award allotting property to the Hindu female prescribes a restricted estate. Such a limited estate would ripen...20%. To his wife Smt. Amrit Kaur he granted right to use and benefits thereof. However, after her death the property was to devolve upon the three respondents as above, namely, respondent Nos. 1 ...

...Hindu Woman's Estate, provided, however, that she shall have the same right of claiming partition as a male owner. Section 4 of the said Act of 1937 has made it clear that the provisions of the said ...position that the agricultural lands can be said to be property in relation to provisions of Hindu Woman's Right to Property Act, 1937,...admitted by this Court on the substantial question of law - “Is defendant entitled to benefit of the provisions of Hindu Women's Right to Property Act, 1937 whi...

...coparceners of her husband. On the death of Hukam Singh in 1952, it is common ground Kishan Devi acquired by virtue of Section 3(2) of the Hindu Women's Right to Property Act 18 of 1937, the same ...”: Section 3(3) of the Hindu Women's Right to Property Act, 1937...Act holds it as full owner and not as a limited owner. The interest to which Kishan Devi became entitled on the death of her husband under Section 3(2) of the Hindu Women's Right to Property ...

...Hindu Law of Inheritance Act 1929, inheritance right to three family heirs-son's daughter, daughter's daughter and sister was conferred.11. The next legislation “A ...necessary changes in the law giving equal right to daughters in Hindu Mitakshara coparcenary property. The Kerala Legislature has enacted the Kerala Joint Hindu Family System (Abolition) Act, 1975...by giving equal rights to daughters in the Hindu Mitakshara coparcenary property as the sons have. Section 23 of the Act disentitles a female heir to ask for partition in respect of a dwelling house...

...would certainly ripen into absolute ownership after passing of the Hindu Woman's Right to Property Act, 1937 and Hindu Succession Act, 1956 particularly when the defenda...property along with the defendants but in view of the finding that her husband Saudagar Gope died in the year 1934 much before passing of the Hindu Women's Right to Property Act, 1937, sh...absence of her case that any property was carved out for her maintenance, no legally enforceable right in the property can be said to have been created and as such the provision of Section 14 of the Hindu...

...thereupon, plaintiff No. 1 claiming the share as per the provisions of Section 3 of the Hindu Woman's Right to Property Act, 1937 as limited owner and her such ...to exclusive ownership on the coming into force of the Hindu Succession Act, 1956 w.e.f. 17-6-1956. That, the...defdt. No. I inherited the property left by Damodor Singh. That pltf. No. 1 had no right to inherit the property of Damodor and when the...

...Hindu Woman's right to Property Act, 1937 and not as a new grant made for the first time.24. In Rangaswamy Naicker v. Chinnammal...existed in the Hindu Law long before the passing of the Act of 1937 or the Act of 1946, and is, therefore, a pre-existing right;(5) that the right ...immovable and includes every kind of acquisition. What is therefore required under Section 14(1) is the property must be in the possession of a female Hindu. The object of the Act was to improve the legal...

...relevant provisions of the Hindu Woman's Right to Property Act, 1937, Sections 3(2) and (3) are as follows:“(2) When a Hindu governed by...Section 3(2) of the Hindu Women's Rights to Property Act, 1937 is to be determined as on the date on which she seeks to enforce partition under sub-section (3) ...limited interest known as a Hindu woman's estate, provided however that she shall have the same right of claiming partition as a male owner.”25. There appears to have been a conflict...

...erroneous and that reversing of the finding of the trial Court in holding that the suit property is the absolute property of 3rddefendant under the provisions of Hindu Woman's Right to ...Krishnavenamma independently through her parents and other sources which constituted her independent asset under the provisions of Woman's Right to Property Act, 1937 and as such the said ...of Somawwa by L.Rs v. Gurusiddappa reported in 1983(1) Kar.L.J. 252, wherein their lordships while discussing about the Hindu Women's Right to Property Act, 1937 held that whateve...

..., such a provision existed in Section 3 (3) of the Hindu Woman's Right to Property Act, 1937 (For short the "Act of 1937"). The suit was resisted on the ground that the ...of the Act of 1937, a Hindu widow did not have any absolute right to the property. Even a mother, who had a right to share in the property could not enforce it by filing...and would come to an end after her death. It is thus for the survival of the woman, limited right was given by Section 3(3) of the Act of 1937 and not for creating any perpetual right in the ...

...widow"s right to maintenance which amounts to a charge on the property of the husband. 51. Flowing from the old Hindu Law, the Hindu Woman's ... to a single heir or to any property to which the Indian Succession Act, 1925, applies." 52. Thus, even though the right to maintenance...the properties are given in lieu of the pre-existing right of maintenance of the women while clause (2) applies when property is granted to a female Hindu for the first time without a pre-existing right...

...Hindu Woman's Right to Property Act, 1937. In the result, she was in joint possession along with the first defendant as on the date of the commencement of the...widow Lakshminarasamma under the provisions of section 3 of the Hindu Women's Right to Property Act (XVIII of 1937). as amended by the Madras Act (XXI of 1938) ...that since Pattayya died on 30th of December, 1946, i.e, after the Hindu Women's Rights to Property Act of 1937 had come to be applied to agricultural lands in ...

...over the properties as the only successor and to the exclusion of Rukkamma, the widow as per the provisions of the Hindu Woman's Right to Property Act, 1937.13. D...with an ulterior motive to enable them to have a share in the properties by virtue of the amendment brought to the Hindu Women's Right to Property Act, ...April, 1953 and the amendment was given effect to the Hindu Women's Right to Property Act, 1937 on 7.2.1953 and in view of such amendment, the mother of the pla...

...first instance gave a decree to the plaintiffs, but, on appeal, the learned Subordinate Judge ordered the dismissal of the plaintiff's suit as he held the alienation valid under the Hindu Women's Right to ...retrospective effect.16. The question agitated in this appeal is as to whether the widow of a deceased coparcener has the right to alienate her husband's interest in the coparcenary estate. The Hindu...death, defendant 2 succeeded to her husband's interest in the family properties under the Hindu Women's Right to Property Act. She transferred her this interest in favou...