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Smt. Kanti Mishra and Other Vs Rajendra Shankar Shukla and Others

Smt. Kanti Mishra and Other Vs Rajendra Shankar Shukla and Others

SA No. 782 of 1998

14.11.2019

Hon’ble Shri Justice Prashant Kumar Mishra

Chhattisgarh Accomodation Control Act ,1961-Sec.12 C.P.C,1908 – Sec.100
Chhattisgarh Abolition of Proprietary Rights(Estates, Mahals, Alienated Lands)Acts,1950
Hindu Succession Act,1956 -Sec.15(2)(b)

(I) In a suit for eviction, execution of will cannot be challenged as being  impermissible in law;
(ii)A Hindu woman once became absolute owner of the property by virtue of Section 14 of the Act, 1956 can execute the WILL in favour of any person as per her own desire."
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