Ganapati v. Prabhakar — Headnote
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Headnote & Case Digest
Supreme Court of India
2026 INSC 1033 Civil Appeal No. 660 of 2019 Non-Reportable Appeal Dismissed

Supreme Court of India · Civil Appellate Jurisdiction

Ganapati (Dead) by his LRs v. Prabhakar & Others

Bench
S.V.N. Bhatti, J. and N.V. Anjaria, J.
Author
S.V.N. Bhatti, J.
Decided
22 September 2026, New Delhi
Appeal from
Judgment dated 19.07.2012 in R.S.A. No. 551 of 2007, High Court of Karnataka, Circuit Bench at Dharwad
Counsel
Mr. Anil Katarki, for the Appellants · Mr. Shanthkumar V. Mahale, Senior Advocate, for the Respondents
Tags #Hindu Succession Act, 1956 #Section 14(1) #Section 14(2) #Hindu Women’s Rights to Property Act, 1937 #Section 3(2) #Hindu Widow #Limited Estate #Absolute Ownership #Partition #Sine Qua Non #Mitakshara Coparcenary #Will #Sale Pendente Lite #Section 100 CPC #Second Appeal #Property Law #Family Law #Succession

Catchwords

Hindu Women’s Rights to Property Act, 1937 — Sections 3(1), 3(2) and 3(3) — Hindu Succession Act, 1956 — Sections 14(1) and 14(2) — Intestate death of Hindu male in 1949, survived by son and widow — Widow’s limited interest (Hindu Women’s Estate) — Enlargement into absolute ownership — Whether partition between widow and son is a pre-condition — Held, partition not a sine qua non — Will executed by widow in favour of daughter — Sale by legatee pendente lite — Code of Civil Procedure, 1908 — Section 100 — Interference by High Court in second appeal upheld.

Headnote

  1. Widow steps into the husband’s shoes. Where a Hindu male died intestate in 1949, his widow, by operation of Section 3 of the Hindu Women’s Rights to Property Act, 1937, took the husband’s interest in the property, subject to the limitation in Section 3(3) that such interest is the limited interest known as a Hindu Women’s Estate. Section 3(2) is, in effect, a confirmation by the Legislature of a right to obtain the property of another on the latter’s death; property may devolve not only by survivorship or inheritance but also through an Act of the Legislature. [Paras 13, 15]
  2. Section 14(1) enlarges the limited estate. The consistent view of the Court is to recognise the right of a Hindu widow as blossoming into an absolute right, except in cases falling under Section 14(2) of the Hindu Succession Act, 1956. The widow held her husband’s interest subject to the restrictions of Section 3(2) of the 1937 Act; Section 14(1) of the 1956 Act takes away that effect and she becomes the absolute owner of the property devolved on her upon the husband’s death. [Paras 13, 15]
  3. Partition is not a pre-condition. Partition between the son and the widow is, as is well settled, not a sine qua non for the widow to continue enjoying the right as an independent or absolute owner of the property left behind by the propositus. Even assuming that no partition took place in the undivided property, the shares in the coparcenary are subject to fluctuation but not to denial of the right. Failure of the defendants to prove the pleaded oral partition does not affect this legal consequence, which remains intact. [Paras 13, 15]
  4. Scope of Section 14(2). Section 14(2) operates as a proviso and applies only to instruments, decrees, awards or gifts that create an independent or new title in the female for the first time. Where an instrument merely recognises a pre-existing right, Section 14(2) has no application, and the expression “possessed by” in Section 14(1) has the widest amplitude. V. Tulasamma v. Sesha Reddy and Raghubar Singh v. Gulab Singh followed. [Para 14]
  5. Application. The High Court rightly applied the admitted facts to the binding precedents and held that the widow became the absolute owner of the suit houses; that her registered Will dated 13.10.1984 in favour of her daughter (Defendant No. 1) was therefore valid; and that Defendant No. 1, as absolute owner, could sell TMC No. 1074 to Defendant No. 3. The High Court’s exercise of jurisdiction conformed to the grounds available under Section 100 CPC. [Paras 8, 16]

Substantial Question of Law (High Court)

“Whether the Courts below were justified in ignoring the vesting of right in Smt. Kashibai — the mother of respondent Nos. 2 and 3 — by virtue of Section 3(2) of the Hindu Women’s Right to Properties Act, 1937 read with Section 14(1) of the Hindu Succession Act, 1956?” [Para 6]

Facts in Brief

Gangaram (propositus)Died intestate, 1949
GanapatiSon, by first wife · Plaintiff
KashibaiSecond wife · died 1986
Shakuntala (D-1) · Kamalavva (D-2)Daughters of Kashibai
Tatappa Baburao Burashi (D-3)Purchaser from D-1, 1995

Proceedings Below

ForumCase & DateFindingOutcome
Principal Civil Judge (Sr. Dn.), JamkhandiO.S. No. 267 of 1999 (originally O.S. No. 9 of 1988, Munsiff Court, Banahatti) · 17.07.2002Son succeeded as sole surviving coparcener; widow had only a limited interest and never claimed partition; oral partition not proved; Will void; municipal entries do not confer title; possession ordered by moulding relief.Partly decreed
Fast Track Court, JamkhandiR.A. No. 19 of 2002 · 03.01.2007Oral partition not pleaded or proved with particulars; mere residence of widow does not give a share unless partition is claimed; Plaintiff proved title but not possession.Appeal dismissed
High Court of Karnataka, Dharwad BenchR.S.A. No. 551 of 2007 (by LRs of D-3) · 19.07.2012Widow took the husband’s share under Section 3(2) of the 1937 Act, enlarged to absolute ownership by Section 14(1); Will and sale valid.Second appeal allowed
Supreme Court of IndiaC.A. No. 660 of 2019 · 22.09.2026High Court’s view upheld.Appeal dismissed

Contentions

Cases Referred

ResultCivil Appeal dismissed. Judgment of the High Court affirmed. No order as to costs. [Paras 17–18]