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Two real brothers Hukum Singh and Sukhram and Sukhram’s son Chhidda constituted a Joint Hindu Family governed by the Benaras School of Mitakshara Law under which a coparcener without obtaining the consent of the other coparceners was not competent to sell his undivided share for his own benefit. Hukum Singh died in 1952 and his widow Smt. Kishan Devi on 15.11.1956 sold ½ share in the family house and shop to Ram Avtar. Sukhram and Chhidda filed a suit, which was contested upto the Supreme Court of India (Appeal No. 21, 2004)
Answer the following questions :-
(i) Whether the sale deed is liable to be cancelled ?
(ii) Whether the Hindu Widow’s right in the property of the Joint Hindu Family became larger than her deceased husband ?
(iii) Whether Kishan Devi continued to have only a limited interest ? (5 marks)
(iv) Whether the Hindu widow Kishan Devi had already become absolute owner ?
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