Succession to Hindu Widow’s Property -- Limited Interest Held Before 1956 -- Becomes absolute ownership under Section 14(1)
(i) Hindu Succession Act, 1956, S.14(1) -- Succession to Hindu Widow’s Property -- Limited Interest Held Before 1956 -- Property possessed by a Hindu woman in which she has a legally recognised interest is held by her as full owner and not as limited owner, subject to statutory requirements and exceptions -- Limited interest acquired before the Act transforms into absolute ownership on its coming into force, if such interest subsists on that date. (ii) Delhi Land Reforms Act, 1954, S.51(2) -- Succession to Bhumidhar’s Property -- Personal Law Applicable Date of Death -- Words “in accordance with the personal law applicable to her” and “dies” indicate that personal law governing succession of a female Bhumidhar is not frozen at the date of enactment or recognition as Bhumidhar -- Classes of persons entitled to succeed are determined by the personal law applicable on the date of her death -- Deciding factors are the timing of death and the nature of the right held at that time.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech