Hindu Succession -- Remarriage of Widow of Pre-Deceased Coparcener -- Coparcenary interest does not revert to other coparceners where other Class I legal heirs survive
(i) Hindu Succession Act, 1956, S.24 -- Hindu Succession -- Remarriage of Widow of Pre-Deceased Coparcener -- Bar under Section 24 as it stood prior to its omission applies only to the widow and disentitles her from succeeding to the estate of the pre-deceased son on remarriage. It does not extinguish the coparcenary interest itself, which continues to be available to other preferential Class I legal heirs such as the mother or children of the pre-deceased coparcener. (ii) Hindu Succession Act, 1956, S.25 -- Hindu Succession -- Distinction Between Disqualification for Murder and Remarriage of Widow -- Section 25 disentitles a coparcener who commits murder of the person he would otherwise succeed, treating him as non-existent for succession purposes, and is distinct from Section 24, which places embargo only on a remarried widow. Reliance on precedent decided under Section 25 is misplaced in a case governed by Section 24.
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