1937 Act inapplicable to Agricultural lands Said Act made applicable to Agricultural lands only in 1947 - Owner of Agricultural property died in 1937 and his only son died in 1940 Consequently, female heirs of owner not acquiring any right in property by virtue of bar contained in 1937 Act

Citation 

2016 (1) СТС 505 (Mad)

IN THE HIGH COURT OF MADRAS

K.B.K. Vasuki, J.

S.A. No.1666 of 1997.

June 26, 2015

Sarojini (Died). 2. Rani. 3. Govindarajan. 4. Rangaraj

...Appellant

Vs.

Nanjakkal. 2. Nanjundappan. 3. Doraisami [4th Appellant and 3rd Respondent Are Brought on Record as Legal Heirs of the Deceased First Appellant Vide Order Dated 28.7.2011 Made in C.M.P. No.788 of 2008]

...Appellant

Hindu Women's Right to Property Act, 1937 (18 of 1937) Hindu Women's Right to Property (Amendment) Act, 1947 (26 of 1947) Hindu Succession Act, 1956 (30 of 1956), Sections 14(1) & 14(2) Right of Hindu Female in Agricultural land Whether her absolute right 1937 Act inapplicable to Agricultural lands Said Act made applicable to Agricultural lands only in 1947 Owner of Agricultural property died in 1937 and his only son died in 1940 Consequently, female heirs of owner not acquiring any right in property by virtue of bar contained in 1937 Act D1, daughter-in-law of owner, acquired right in property by virtue of Family Arrangement in 1953 Said right, held, not a pre-existing right of D1 as in 1953 widow had no pre-existing right of maintenance under any law Said right of D1, held, a restricted one, would attract Section 14(2) of 1956 Act and same would enlarge into her absolute right D1, held, cannot daim exdusive right to deal with property as absolute owner Order of Trial Fort decreeing Suit in favour of Plaint, and restricting D1 from alienating property, upheld Decision of First Appellate Court, reversing Decree of Trial Court, set aside Second Appeal allowed.