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Supreme Court Of India

Hon'ble Judge(s): Ashok Bhushan, K. M. Joseph , JJ

(A) Mysore Hindu Law Womens Rights Act (10 of 1933) , S.4, S.10(2)(g)— Stridhana - Widow would get absolute right, if daughter or grandson did not survive husband, though S.10(1) defining stridhana as property of any description belonging to Hindu female other than which she has by law 'only a limited state'. (Para 20) The female owning stridhana property was conferred absolute powers to dispose of the same as also in the matter of enjoyment. The disposal could be by will or transfer inter vivos. The only limitation was the law relating to guardianship would continue to operate during minority. Reverting back to Section 10 (2) (g), the property inherited by a woman inter alia from her husband was brought under the definition of stridhana. This was a clear expansion of a widow's rights by conferring upon a widow absolute right over property inherited from her husband being a radical departure from the widow's estate under Hindu Law which was a limited estate and under which there was no such absolute right of disposal.There was however a catch and it was this. If the husband was survived by the widow and a daughter or a daughter son, then the widow's estate as understood in Hindu Law was to continue undisturbed. If a daughter or grandson as mentioned did not survive the husband, the widow would get the absolut....