AIR 1970 SUPREME COURT 1730 ::1970 Mah LJ 892 ::1970 MPLJ 890 ::1970 2 SCJ 478 ::1970 SCD 345

Supreme Court Of India

(From Madras : AIR 1964 Mad 320)

Hon'ble Judge(s): J. C. Shah, K. S. Hegde, A. N. Grover , JJJ

(A) Hindu Succession Act (30 of 1956) , S.14(1)— Property of a female Hindu to be her absolute property - Adoption by Hindu widow - Full ownership conferred on widow under S. 14 (1) not defeated. AIR 1964 Mad 320, Reversed. The full ownership conferred on a Hindu female under Section 14 (1) is not defeasible by the adoption made by her to her deceased husband after the Act came into force.(Para 7) The rights conferred on a Hindu female under S. 14 (1) of the Act are not restricted or limited by any rule of Hindu law. That provision makes a clear departure from the Hindu law texts or rules. According to Hindu law texts as interpreted by Court, on adoption by a Hindu widow, the adopted son acquired all the rights of an aurasa son and those rights related back to the date of the death of the adoptive father. Those texts or rules cannot be used for circumventing the plain intendment of the provision. AIR 1960 Bom 463, Approved; AIR 1964 Mad 320, Reversed.(Para 6 7) (B) Hindu Succession Act (30 of 1956) , S.4(1)— Overriding effect of Act - Full ownership conferred on Hindu female by S. 14 not defeated by subsequent adoption by her. AIR 1964 Mad 320, Reversed. (Para 6) ....