Supreme Court of India

Santhosh and Ors. v. Saraswathibai and Anr.

Neutral citation

Reported as [2007] 12 S.C.R. 375

Bench S.B. Sinha J.

Decided 20 November 2007

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that the pre-existing right of Sundrabai was crystallized by reason of the said consent decree. · G ,.,_,, Furthermore there is nothing on record to show that 12 acres 33 guntas of land was the only property belonging to the joint family and thus, she had been granted more lands to which she was not entitled to. 388 SUPREME COURT REPORTS [2007] 12 S.C.R. A.

Judgment, page 13

From the headnote

Hindu Succession Act, 1956: Sections 14(1) and (2)-Applicability of-Right of female Hindu c to possess any property-Jn a consent decree, widow allotted property by way of maintenance with limited right over property-Held: Since property was acquired in lieu of right to maintenance, it was by virtue of pre-existing right and such acquisition would not be within ambit of s.14(2)-s.14(1) would apply-Property would become absolute property of such female Hindu. In a suit between the first wife of 'T' and the second wife and her son, a compromise was entered and a consent decree dated 20. 7 .1964

Authorities it was built on

1977 V. Tulasamma & Ors. v. V. Sesha Reddi (dead) by L.rs. cited by 33
1958 Gummalapura Taggina Matada Kotturuswami v. Setra Veeravva and Others cited by 17
1988 Smt. Sova Ray & Anr. v. Gostha Gopal Dey & Ors. cited by 3

Where later benches applied it

2024 Tej Bhan (d) through Lr. & Ors. v. Ram Kishan (d) through Lrs. & Ors. referred to
2015 Jupudypardhasarathy v. Pentapati Rama Krishna and Others referred to

Of those, 2 referred to

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