AIR 1937 BOMBAY 43

Bombay High Court

Hon'ble Judge(s): Divatia , J

(A) Hindu Law-Alienation-Widow-Gift -Gift by Hindu widow of entire property inherited from husband, jointly in favour of minor daughter who is next reversioner and her husband is invalid. No doubt when a widow and the next reversioner pass a deed in favour of a stranger the transaction would be valid, but the rule does not apply to the case of an alienation by widow in favour of a stranger and the reversioner jointly especially where the reversioner is a minor.(Para 45C1 46C1) A gift therefore by a Hindu widow of the entire property inherited by her from her husband jointly to her minor daughter, who is next reversioner, and to her husband is not valid. The property remains in the hands of a widow as a Hindu widow and can be claimed by a person who is the next reversioner at the time of her death : AIR 1934 Bom 351, Ref.(Para 46C1) (B) Deed - Construction-Deed of gift executed by Hindu widow jointly in favour of minor daughter and her husband-Intention clear that son-in-law also to be benefited as he looked after maintenance of widow-Deed held to be joint deed of gift in favour of daughter as well as son-in-law. Where a Hindu widow executed a deed of gift in favour of her mino....