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Supreme Court of India 2017-09-12 allowed

Gunamma (D) By L.R vs Shevantibai (D) By L.R. & Ors

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

Gunamma, a widow in a pre-merger Sangli State, filed a suit for partition claiming rights in her husband Damodar's property, relying on the Sangli Widow's Right to Property Act, 1935. The suit was dismissed in three courts below. The Supreme Court held that under the Sangli Act, upon her husband's death in 1932, Gunamma became a 'Sahabhagidar' and acquired a substantive share in the joint family property. Her adopted son, as her legal heir, continues to hold rights to her share. The Court set aside the lower courts' dismissal and decreed the suit to the extent of the plaintiff's right to partition and separate possession.

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Hindu Law Women's Rights Property Rights Widow's Succession Joint Family Adoption Partition State Merger

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