https://www.taxtmi.com/caselaws?id=290261 The Hindu Women's Rights to Property Act, 1937 was treated as valid notwithstanding that it was introduced before, but assented to after, the constitutional change, because competence was tested at the date of assent. The Act was construed, in light of the Legislature's limited powers, as confined to property within its competence and therefore not extending to agricultural land. Expressions such as "succession" and "devolution" were held broad enough to include survivorship in Mitakshara joint family property, so devolution by survivorship of property other than agricultural land fell within the concurrent legislative field. The enactment was thus upheld only in part, with its operation limited to non-agricultural property. en-us Tue, 22 Apr 1941 00:00:00 +0530 Wed, 16 Sep 2020 14:53:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=290261 The Hindu Women's Rights to Property Act, 1937 was treated as valid notwithstanding that it was introduced before, but assented to after, the constitutional change, because competence was tested at the date of assent. The Act was construed, in light of the Legislature's limited powers, as confined to property within its competence and therefore not extending to agricultural land. Expressions such as "succession" and "devolution" were held broad enough to include survivorship in Mitakshara joint family property, so devolution by survivorship of property other than agricultural land fell within the concurrent legislative field. The enactment was thus upheld only in part, with its operation limited to non-agricultural property. Case-Laws Indian Laws Tue, 22 Apr 1941 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=290261