JUMNA DAS Vs. KUNWAR BAI

JUDGEMENT

(1.) The question to be decided in this appeal is a question of Hindu Law and arises under the following circumstances. The property in suit belonged originally to one Piare. Ha give it away absolutely to his daughter Mt. Sugna in whose hand therefore it was her stridhan property. Mt. Sugna had three sons viz., Durga Prasad, the husband of the plaintiff respondent and Jamna Das and Ganga Prasad, the defendants-appellants. The plaintiff-respondent claimed a third share in the property as being the separate property of Durgaprasad.

(2.) The defence was that Durga Prasad died as a member of a joint Hindu family with the defendants and therefore the plaintiff inherited nothing.

(3.) It has been found as a matter of fact that Durga Prasad and his two brothers ware living together as members of a joint Hindu family. The question is whether under the circumstances the share which Durga Prasad inherited was his absolute property inheritable by his widow on his death or whether Durga Prasad held the property as any other joint ancestral pro-party inherited from father which would go by survivorship to his brothers. The learned Judge of the lower Appellate Court has mentioned the authorities quoted before him and has come to the conclusion that the stridhan property of mother is inherited by the sons without any right of survivorship attaching to it.