AIR 1968 BOMBAY 340 ::1968 Mah LJ 258 ::70 Bom LR 293 ::ILR (1968) Bom 675

Bombay High Court

Hon'ble Judge(s): Abhyankar , J

Hindu Women's Rights to Property Act (18 of 1937) , S.3— Hindu Law - Partition - Partition at instance of widow of deceased coparcener - One of the three brothers of a Hindu Joint Family dying leaving a widow and a daughter - Widow claiming partition of her husband's share - Certain fields allotted to her share in such partition - On remarriage of widow property obtained by her on partition became property of the daughter being the sole heir of her father as well as of her mother - Her rights to claim possession of that property could not he resisted on any ground - She was also entitled for masne profits. Civil P.C. (5 of 1908) , O.20 R.12— On the death of one of the three brothers of a Hindu Joint Family having coparcenary @page-Bom341 property, B, the widow of the deceased, claimed partition of her husband's share in the joint family property and certain fields were allotted to her share in such partition which was completed in all respects. On the widow remarrying, the other coparcener took forcible possession of the fields from her daughter M. In the suit filed by M for possession and mesne profits it was pleaded that the partition suit was compromised and B was given the fields only for enjoyment till her lifetime according to Hindu Women's Rights to Property Act. Held that on the remarriage o....