Turner, J.@mdash(After finding on the evidence that the property was the separate property of the plaintiffs husband to which she succeeded by inheritance).--We must admit the objection taken to the finding on the issue remitted, and it remains for us to determine whether a widow, holding her husband''s share by inheritance, is entitled to pre-emption. In our judgment so long as she enjoys the estate she fully represents the estate and can claim to exercise all rights which would attach to it in the hands of a male owner. The circumstance that the widow lived with the vendors would not deprive her of her right, it being found that the claim is not collusive.
Dani Kuari Vs Phulman Rai
Bench: Division Bench
Result Published
Judgement Snapshot
Hon'ble Bench
Turner, J; Pearson, J
Final Decision
Dismissed
Judgement Text
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