A Hindu woman (wife) who gets property from her husband through a will can not have absolute right over it unlike property inherited by her through succession, the Supreme Court has ruled, recently.
In other words, though the Hindu Marriage Act provides absolute right to a woman on the property inherited through succession from her husband, she can not have the same privilege if the property devolves on her through a "will" with restricted clauses.
A two judge bench passed the ruling while upholding an appeal filed by a land owner Mr. Jagan Singh challenging the right of his widowed sister- in -l aw Mrs. Dhanwanti to sell her plot of land which was gifted through a will by her husband Mr. Jagan Singh.
Mr. Umrao Singh in his will had stated that his wife Mrs. Dhanwanti will be the owner of the plot of land.But would not have any right to dispose off the property.
However, after the death of her husband, Mrs. Dhanwanti attempted to sell the plot of land , which was challenged by Mr. Jagan Singh.
Both the trial court and the Allahabad high court rejected his plea on the ground that Mrs. Dhanwanti under the marriage act had absolute right to enjoy, dispose or gift the property to any person.
In other words, though the Hindu Marriage Act provides absolute right to a woman on the property inherited through succession from her husband, she can not have the same privilege if the property devolves on her through a "will" with restricted clauses.
A two judge bench passed the ruling while upholding an appeal filed by a land owner Mr. Jagan Singh challenging the right of his widowed sister- in -l aw Mrs. Dhanwanti to sell her plot of land which was gifted through a will by her husband Mr. Jagan Singh.
Mr. Umrao Singh in his will had stated that his wife Mrs. Dhanwanti will be the owner of the plot of land.But would not have any right to dispose off the property.
However, after the death of her husband, Mrs. Dhanwanti attempted to sell the plot of land , which was challenged by Mr. Jagan Singh.
Both the trial court and the Allahabad high court rejected his plea on the ground that Mrs. Dhanwanti under the marriage act had absolute right to enjoy, dispose or gift the property to any person.
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