Second wife cannot be the legal heir without consent of first wife: Supreme Court.
The case ,Savitri Bai versus Savitri Bai [S.L.P.(C) No.33563 of 2011] originated with a complaint that Savitri Bai the plaintiff purchases the suit property registered under sale deed. This case was dismissed by the Additional civil Judge later it went for appeal but it was also dismissed. It again went for the second appeal then it was allowed by the High Court of Madhya Pradesh.
In favor of Meghraj the sale deed was written .Savitri bai goes to court and she didn’t receive any judgement because oath which was given by her was not clear. So it was dismissed. She goes for appeal and judgement was given that the will which was written by her husband was not specific and clear. So the case will be reconsidered in court again.
Then the court directed both parties for the current state of things prevailing on the date . The plaintiff delivered the possession but the first defendant too forcibly. After that the first defendant claimed that she neither sold the suit property to the plaintiff nor delivered the possession. As plaintiff was not educated and faith in her family members she has signed the sale deeds unknowingly without her consideration. The trail court has dismissed the suit. It has found that the plaintiff was in stand and there were many contradictions in pleadings. In the first appeal it has known that the execution of the sale deed was of no avail of the suit . So it dismissed the appeal. Then the second appeal by plaintiff then the high court found the court findings .The high court said that the plaintiff was the right owner of the suit property.
Suhadra Bai will be a legal heir. If she signs then only the deed will be sold. But the court declared that the Savitra Bai gets the property.
The plaintiff affixed her signature not only in the sale deeds but also other sale deeds which were executed by her step mother and many people. Once evidence was adduced in terms of Section 68 of the Evidence Act,1872 and requirements prescribed under section 63 of Indian Succession Act,1925.
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Judgement Analysis Written by – K.Immey Grace