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Supreme Court Of India

Hon'ble Judge(s): B. P. Singh, P. K. Balasubramanyam , JJ

( A ) Hindu Succession Act (39 of 1925) S. 14 (1) — Claim for absolute estate by female Hindu — She must be in possession of property as on date of Act — Must have right in property, howsoever, limited.The antecedents of the property, the possession of the property as on the date of the Act and the existence of a right in the female over it, however limited it may be, are the essential ingredients in determining whether sub-section (1) of Section 14 of the Act would come into play. Any acquisition of possession of property (not right) by a female Hindu after the coming into force of the Act, cannot normally attract S. 14(1) of the Act. It would depend on the nature of the right acquired by her. If she takes it as an heir under the Act, she takes it absolutely. If while getting possession of the property after the Act, under a devise, gift or other transaction, any restriction is placed on her right, the restriction will have play in view of S. 14 (2) of the Act. (Paras11)

( B ) Hindu Succession Act (39 of 1925) S. 8 , 14(1) — Claim for absolute estate by widow — Male Hindu dies after coming into force of Act i.e. after 17-6-1956 leaving his widow as his sole heir — Even without calling in aid S. 14 (1) of Act, widow gets an absolute estate.When a male Hindu dies possessed of property after the coming into force of the Hindu Succession Act, his heirs as per the schedule, take it in terms of S. 8 of the Act. The heir or heirs take it absolutely. There is no question of any limited estate descending to the heir or heirs. Therefore, when a male Hindu dies after 17-6-1956 leaving his widow as his sole heir she gets the property as class I heir and there is no limit to her estate or limitation on her title. In such circumstances, S. 14 (1) of the Act would not apply on succession after the Act, or it has no scope for operation. Or, in other words, even without calling in aid S. 14 (1) of the Act, widow gets an absolute estate. (Paras12)

( C ) Hindu Succession Act (39 of 1925) S. 30 — Will — Right of male Hindu to dispose of his property by a testament — Not curtailed by Act — Succession under Act stands excluded and property passes to the testamentary heirs — Will of a male Hindu providing only a life estate or limited estate for his widow could not be challenged as being hit by Act.An owner of property has normally the right to deal with that property including the right to devise or bequeath the property. He could thus dispose it of by a testament. Section 30 of the Act, not only does not curtail or affect this right, it actually reaffirms that right. Thus a Hindu male could testamentarily dispose of his property. When he does that, a succession under the Act stands excluded and the property passes to the testamentary heirs. Hence, when a male Hindu executes a Will bequeathing the properties, the legatees take it subject to the terms of the Will unless of course, any stipulation therein is found invalid. Therefore, there is nothing in the Act which affects the Will of a male Hindu providing only a life estate or limited estate for his widow. The Act does not stand in the way of his separate properties being dealt with by him as he deems fit. His will hence could not be challenged as being hit by the Act. (Paras13).....