Widow in Madras is not entitled to share in agricultural land left by her deceased husband, when the Act had not come into force at the time of her husband's death.

Citation 

AIR 1953 MADRAS 176

MADRAS HIGH COURT

(Principal Seat at MADRAS)

GOVINDA MENON , J. and KRISHNASWAMI NAYUDU , J.

Appeal No.732 of 1948, D/- 31 - 3 - 1952

Dhanam alias Dhanalakshmi Ammal and another Appellants v. Varadarajan Respondent

(A)Madras Hindu Womens Rights to Property Extension to Agricultural Land Act (26 of 1947), - Widow in Madras is not entitled to share in agricultural land left by her deceased husband, when the Act had not come into force at the time of her husband's death.

1941 FCR 12 and 1942 FCR 52, Rel. on.

 (Para 1) 

Hindu Women's Rights to Property Act (18 of 1937), S.3 - Anno : Hindu Womens Right to Property Act, S.3 N.1.

(B)Hindu Women's Rights to Property Act (18 of 1937), S.3before its amendment by Madras Act (26 of 1947) - Agricultural land - Leases and mortgages of agricultural land - Widow of deceased cannot claim share in it - Such interest is interest in agricultural land - Similarly are the

arrears of rent due from tenants in agricultural lands and are excluded from operation of Act.

ILR 1945 Mad 777 and ILR 1945 Mad 781, Rel. on; 1951-1 MLJ 364, Overruled.

 (Paras 9 , 11)