Govender v Ragavayah
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Govender v Ragavayah is a significant piece of the South African law of succession.[1] It is regarding property and inheritance rights, specifically regarding the rights of a surviving spouse in a Hindu marriage.
The applicant was a woman who had been married according to Hindu rites and whose husband had died intestate.[2] According to the prevailing interpretation of the law, the parents of her husband stood to inherit his estate.[2] The court noted that Hindu marriages were not recognised in South African law, which violated section 9 of the Constitution. The applicant sought a declaratory judgement, which was granted by the court.
Accordingly, the court ordered that the definition of “spouse” in section 1 of the Intestate Succession Act include the surviving spouse of a monogamous Hindu marriage.[1] The ambit of this judgment was restricted to de facto monogamous Hindu marriages.
