Thus, under Subsection (2) of Section 3 of Hindu Women’s Right to Property Act, 1937 when a Hindu governed by any school of Hindu law other than Dayabhaga dies having at the time of his death interest in Hindu joint family property, his widow shall have the same right, widow shall have in the property the same interest as the deceased had. However, such interest shall be limited interest known as Hindu woman’s estate.
- Section 14 of the Hindu Succession Act, 1956 reads as under:
“14. Property of a female Hindu to be her absolute property.—
(1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner. Explanation.—In this subsection, “property” includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act.
(2) Nothing contained in subsection
(1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property.”Thus, in view of the provisions of Section see 14 of the Hindu Succession Act, 1956, the Appellate Court has held that the mother of the plaintiff and the defendant became absolute owner of her share in the suit property which was the limited interest or Hindu woman’s estate. In view of the provisions of Section 3 of the Hindu Women Right to Property Act, 1937.
Section 14 (1) of the Hindu Succession Act, 1956 reads that any property possessed by female Hindu whether acquired before or after the commencement of the Act shall be held by her as full owner thereof and not as a limited owner.
Explanation appended to the said Section embraces all the modes of acquisition, which includes acquisition of the
property by a female Hindu by inheritance or devise, or at a
partition, or in lieu of maintenance or arrears of maintenance ,or by gift from any person, whether a relative or not. Thus, the limited interest or Hindu woman’s estate shall be held by the widow as full owner in terms of provisions of Section 14(1) of Hindu Succession Act, 1956.
Therefore, on bare perusal of Section 14, it appears that the property or interest in the property acquired by a female Hindu member of the family before commencement of the Hindu Succession Act, 1956, becomes an absolute owner.
12. In the case in hand, it is not in dispute that mother of the plaintiff and the defendant had died after 1956 and, therefore, her interest in the property would devolve as per the scheme in terms of Section 15 of the Hindu Succession Act, 1956. Thus, her property will devolve upon her sons, daughters and husband.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO.126 OF 2018
CIVIL APPLICATION NO.1511 OF 2017
Shri Jagannath Waman Undre Vs Smt. Yamunabai Sitaram Kadam
CORAM : SANDEEP K. SHINDE J.
DATE : 1 s t APRIL, 2019
Citation: 2019(5) MHLJ 415