http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 10
PETITIONER: KALISHANKER DAS AND ANOTHER
Vs.
RESPONDENT: DHIRENDRA NATH PATRA AND OTHERS.
DATE OF JUDGMENT: 21/05/1954
BENCH: MUKHERJEA, B.K. BENCH: MUKHERJEA, B.K. BOSE, VIVIAN HASAN, GHULAM
CITATION: 1954 AIR 505 1955 SCR 467
ACT: Hindu law-Widow’s estate--Nature of-Whether anybody has got vested right in the estate during her life-time-Actual reversioner-Whether claims through the presumptive reversioner preceding him.
HEADNOTE: It is a well-settled doctrine of Hindu law that nobody has a vested right so long as the widow is alive and the eventual reversioner does not claim through any one who went before him. The interest of a Hindu widow in the properties inherited by her bears no analogy or resemblance to what may be described as an equitable estate in English law and which cannot be followed in the hands of a bona fide purchaser for value without notice. A Hindu widow has got only qualified proprietorship in her estate which she can alienate only when there is justifying necessity and the restrictions on her powers of alienation are inseparable from her estate. For legal necessity she can convey to another an absolute title to the property vested in her. If there is no legal necessity the transferee gets only the widow’s estate which is not even an indefeasible life estate for it can come to an end not merely on her death...