AIR 2009 BOMBAY 34 ::2009 (2) ALJ (NOC) 366 (BOM.) ::2009 (1) AIR Bom R 219 ::2009 (2) AJHAR (NOC) 596 (BOM.) ::2009 (2) AKAR (NOC) 270 (BOM.) ::2009 (2) AIR Kar R 270 ::2009 A I H C 1316 ::(2010) 1 MarriLJ 549 ::(2009) 1 AllMR 686 (BOM) ::2009 (1) All MR 686 ::2009 (2) BomCR 278 ::2009 (1) Mah LJ 525

Bombay High Court

Hon'ble Judge(s): J. H. Bhatia , J

(A) Hindu Women’s Right to Property Act (18 of 1937) S. 3 , 4 — Hindu Succession Act (30 of 1956), S 14(1) — Hindu widow — Right to property — Death of husband of Hindu widow prior to coming into force of Act, 1937 — She would not be entitled to any right or share in property — She would have only right of maintenance from the property — Consequently after coming into force of Hindu Succession Act mere right of maintenance without actual acquisition in any manner would not be sufficient to attract S 14(1) — Her daughter would not be entitled to share in her property as she herself was not entitled to any share {" In this case the husband of Hindu Widow had died prior to coming into force of Act (18 of 1937). u/S. 3(1), if Hindu dies intestate leaving separate property that separate property shall, devolve upon his widow along with the lineal descendants subject to the provisions of sub-section (3) and under sub-section (2), if a Hindu governed by Mitakshara School of Hindu Law died intestate having at the time of his death an interest in a Hindu joint family property, his widow shall, subject to the provisions of sub-sec. (3), have in the property the same interest as he himself had. Sub-sec. (3) provides that the interest was to be limited interest known as Hindu Women’s estate. Section 4 of that Act declared that nothing in the said Act shall apply to the property of any Hindu dying intestate before the commencement o....