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Report No. 81

2.7. Effect of section 2 on absolute interest inherited by widow.-

Section 2 of the Act of 1856 speaks also of the forfeiture, on the re-marriage of a widow, of her rights and interests in her husband's estate. A widow who succeeds to the property of her deceased husband under section 8 of the Hindu Succession Act, 1956, is under section 14 of that Act, full owner thereof1. There is no provision in the Hindu Succession Act enacting that on re-marriage a widow is divested of the estate inherited from her husband. If, therefore, section 2 of the Act of 1856 is read as applying to a widow having an absolute estate, it would be repugnant to the Hindu Succession Act2.

1. (a) Punitlumalli Amnia! v. Ramalingam, AIR 1970 SC 1730; (b) Kasturi Devi v. Dy. Director of Consolidation, AIR 1976 SC 2595.

2. Pandurang v. Narayan v. Sindhu, AIR 1971 Bom 413 (Chandrachud & Malvankar, JJ.).

Hindu Widows Re-marriage Act, 1856 Back

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