In ATMA SINGH vs GURMEJ KAUR (D) & ORS., the respondent is the widow who had remarried after the death of her first husband in 1952. Subsequently when one of her son by the said first marriage died in 1972 unmarried and intestate, the estate of the said son was mutated in her favour against which one of her surviving sons of the first marriage filed suit which being rejected by the lower courts including high court finally came before the Supreme Court.
The High Court agreeing with the trial court held that although after death of Narain Singh, Gurmej Kaur have every right to inherit the estate of her son, Pal Singh in terms of Section 8 of the Hindu Succession Act, 1956, but on account of her remarriage will loose right in estate of Narain Singh.
The Supreme Court held that as Narain Singh has died before the enactment of the Hindu Succession Act, the widow is disentitled from the property her first husband after remarriage but after 1956 Act, the widow being a Class 1 relative she has every right to the property of her relatives as per the said Act which would include her son.
The High Court agreeing with the trial court held that although after death of Narain Singh, Gurmej Kaur have every right to inherit the estate of her son, Pal Singh in terms of Section 8 of the Hindu Succession Act, 1956, but on account of her remarriage will loose right in estate of Narain Singh.
The Supreme Court held that as Narain Singh has died before the enactment of the Hindu Succession Act, the widow is disentitled from the property her first husband after remarriage but after 1956 Act, the widow being a Class 1 relative she has every right to the property of her relatives as per the said Act which would include her son.
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