Headline: Supreme Court Rules Remarried Widow Cannot Convey Property Rights to Another

In a recent judgment, the Supreme Court of India clarified that a widow who remarries lacks rights in the property of her first husband, and consequently, cannot convey those rights to another individual. The ruling came from a Division Bench comprising Hon’ble Justice Aniruddha Bose and Hon’ble Justice Sudhanshu Dhulia.

The case in question involved a suit for partition filed in 1985 among uterine brothers belonging to the Malayakamala Sect. The central figure was a woman who had been married twice. Her first husband passed away in 1910, and they had a son together. Subsequently, she remarried and had another son with her second husband.

The son from her first marriage claimed his share of the property from his mother, who was designated as the owner of the property in the original plaint. The defendants in the case were successors in interest to her first husband.

Upon examination of the case, the High Court restored the judgment and decree passed by the Trial Court. The decision was based on observations that the mortgage deed indicated possession of the property not being transferred to the mortgagee.

The Supreme Court cautioned that the mere existence of a deed does not automatically confirm the title of the person executing it. The Court emphasized that if a document conveying immovable property reveals that the conveyor lacks title over the property, a specific declaration of the document’s invalidity may not be necessary. Additionally, the Court stated that even with a subsisting deed of conveyance, if the grantor does not possess any entitlement to the property being conveyed, the grantee or their successors-in-interest will not have the legal right to enforce the rights derived from the instrument.

Ultimately, the Court allowed the appeal, overturning the High Court’s decision and upholding the decision of the First Appellate Court.

The case, titled Kizhakke Vattakandiyil Madhavan (Dead) Thr. Lrs. vs Thiyyurkunnath Meethal Janaki And Ors, was recorded under Civil Appeal No. 8616 of 2017. The citation for the judgment is 2024 Latest Caselaw 221 SC. The advocates representing the appellants and respondents are listed accordingly.

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