widow succeeds as a heir to her husband - She fully represents the estate, the interest of revisioners therein being only spes succession

Citation 

AIR 2001 SUPREME COURT 3861

SUPREME COURT

(From : Karnataka)

S. S. M. QUADRI , J. and S. N. PHUKAN , J.

Civil Appeal No. 2930 of 1984,* D/- 16 - 10 - 2001

Narayan Govind Hegde Appellant v. Kamalakara Shivarama Hegde Respondent.

Bombay Agricultural Debtors Relief Act (28 of 1947), S.37 - Haryana Housing Board Act (20 of 1971), S.74(as extended to Union Territory of Chandigarh) - Hindu Women's Rights to Property

Act (18 of 1937), S.3(Since repealed) - Mother of applicants taking loan by executing promissory note - Award obtained by creditor creating charge on disputed property - Property eventually

auctioned - Applicant was in womb of mother when his father died - Application under S. 37 filed on he attaining majority - Ground raised that he and not his mother was owner of property - No plea raised by applicant that loan taken by mother was not for legal necessity - Held, under

S. 3 of 1937 Act a widow succeeds as a heir to her husband - She fully represents the estate, the interest of revisioners therein being only spes successionis - As such allegation of the applicant

that he was the sole owner of the disputed land is not sustainable in law - Application under S. 37 filed by applicant was liable to be dismissed.

CR P. No. 1992 of 1977, D/-28-2-1984 and 1-3-1984 (Kant), Reversed. (Paras 13 , 14)