AIR 1999 SUPREME COURT 928 ::1999 AIR SCW 492 ::(1999) 2 MarriLJ 173 ::1999 (1) ADSC 576 ::1999 (2) Marr LJ 173 ::(1999) RevDec 542 ::1999 (1) UJ (SC) 319 ::1999 UJ(SC) 1 319 ::(1999) 1 HinduLR 192 ::(1999) 2 CivLJ 817 ::1999 (2) SCC 656 ::1999 (2) RecCivR 38 ::(1999) 1 Scale 285 ::1999 (1) All CJ 794 ::1999 (1) CurCC 71 ::(1999) 2 ICC 77 ::1999 (3) MadLW 113 ::1999 (3) MadLJ1 ::(1999) 1 SCJ 359 ::1999 (1) LRI 303 ::1999 (1) Supreme 322 ::(1999) 1 JT 285 (SC) ::1999 (1) JT 285

Supreme Court Of India

(From : Himachal Pradesh)*

Hon'ble Judge(s): K. Venkataswami, Ajay Prakash Misra , JJ

Hindu Succession Act (30 of 1956) , S.14(1)(2)— Widow's estate - Full ownership of - Widow, prior to coming into force of 1956 Act sold property without legal necessity - Widow does not become full owner of property under S. 14(1) - Transfer not valid - Reversioners and not the alienee would have right in said property after her death. Under sub-sec. (1) of S. 14 when a female Hindu is put in possession of any property pursuant to her right to maintenance, her limited right or interest in the property thus far, by virtue of S. 14(1), blossoms into full ownership. On the other hand sub-sec. (2) of S. 14 is in the nature of exception or proviso to sub-sec. (1). Sub-sec. (1) makes a widow, who had a limited interest, to be a full owner regardless whether acquisition was prior to or after the coming into force of the 1956 Act. The language in sub-sec. (1) of S. 14 makes it clear that all what has to be shown by a female Hindu is that she had a right in the property in question and she is possessed of that property. The possession may be physical, constructive or formal in a legal sense on the date of the coming into operation of the Act. But this is not the sine qua non for the acquisition of full ownership in the property. However, where Hindu widow transferred all her right to the appellants through sale deed before the 1956 Act came into force and without any....