AIR 1957 MADHYA PRADESH 38 ::1957 JabLJ 57 ::1957 MPLJ 137 ::ILR (1957) MP 17

Madhya Pradesh High Court

Hon'ble Judge(s): Sen, Bhutt , JJ

Hindu Succession Act (30 of 1956) , S.6, S.14(1)— Reversionary rights - Abrogation of - Hindu widow inheriting her husband's joint property - Nature of such property in her hand - Gift of such property - Validity of - Retrospective effect of S.14(1). Hindu Law - Reversioner. Under the combined effect of the Proviso to S. 6 and sub-s. (1) of S. 14 of the Hindu Succession Act, 1956, the village share of a coparcener devolves, after his death, upon his widow by succession and not by survivorship. This village share is the property possessed by the widow and must be deemed to have been held by her as a full owner and not as a limited owner.(Para 8) Thus, under the scheme of the Hindu Succession Act the reversionary rights which were so long recognised by the Hindu Law stand abrogated. Since now the widow's estate has been abolished by the @page-MP39 Hindu Succession Act, it necessarily follows that the right of a reversioner, which is otherwise a spes successionis, cannot now be enforced. Hence a suit by a reversioner challenging the gift of the property by such a widow is not maintainable after the enactment of the Hindu Succession Act. Section 14 of the Act is expressly retrospective in character and there is no vested interest in a reversioner in the property inherited by a Hindu wido....