THUKRU BAI Vs. ATTAVAR

JUDGEMENT

(1.) This Appeal arises out of an application under Section 372 of the Indian succession Act, XXXIX of 1925, made by the widow of one Venkappa for the grant of a succession certificate to enable her to collect the amount of two deposits as regards which her husband died intestate.

(2.) The widow is the appellant. She and her husband are members of the Billava community in South Kanara which follows the Aliyasanthanalaw of inheritance according to which a widow has no right to the property of her deceased husband. They were originally married in 1890 according to the rules of their community and had children, respondents 1 to 7. Later on, Venkappa and his family became Brahmos. On 19 June, 1903, a marriage under the Special Marriage Act III of 1872 was solemnised between the appellant and her deceased husband in the presence of the Registrar. Act III of 1872 was amended by Act XXX of 1923 and Sections 22, 23, 24, 25 and 26 were newly added to the Act. Section 24 says that: Succession to the property of any person professing the Hindu, Budhist, Sikh or Jaina religion, who marries under this Act, and to the property of the issue of such marriage, shall be regulated by the provisions of the Indian Succession Act.

(3.) The appellant before us claims under this provision that as she and her husband were married under "this Act", i.e., the Special Marriage Act, she is entitled to the grant of a succession certificate under the Indian Succession Act. Her claim is resisted by the eighth respondent, who is a brother of the deceased Venkappa. He contends that Section 24 of the Act on which the appellant relies has no retrospective operation and as such, though she was married under the Special Marriage Act she is not entitled to get a succession certificate. The appellant's contention was overruled by the learned District Judge and her petition was dismissed.