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Supreme Court of India 2019-01-28 dismissed

C. Shanmugavel vs Eswari & Anr

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

A man was murdered, and his vehicle was seized in the criminal case. The victim's brother-in-law (appellant) initially obtained custody of the four-wheeler with the widow's consent. The widow later withdrew her consent and sought custody for herself. The Judicial Magistrate ordered the vehicle returned to the widow. The appellant appealed to the High Court and then to the Supreme Court, which was ordered to deposit ₹5 lakhs. The Supreme Court held that the widow, as the deceased's wife, had the superior right to custodial possession of her late husband's property. The appeal was dismissed and the vehicle was ordered restored to the widow with the deposit refunded.

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Criminal Procedure Custody and Disposal of Property Succession/Widow Rights

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