AIR 1921 MADRAS 234(2)

Madras High Court

Hon'ble Judge(s): Wallis , C.J. AND Krishnan , J

*(A) Hindu Law - Widow-Waste of husband's moveable property-Reversioner can bring action to prevent her-Transferees from widow without consideration can be made to restore. On principle there is no reason for refusing to hold a widow in possession of her late husband estate accountable for waste in the sense of making her replace the movable corpus which, she has made away with if she is in a position to do so, allowing her of course to enjoy the income of the fund replaced. She is not a trustee of her deceased husband's estate, in a tenant-in-tail, or for life, or the manager of a joint family, but the owner of a widow's estate with all the peculiar incidents of such ownership. As the owner of such widow's estate, she is under a clear duty to abs tain from wasting the movable corpus of the estate just as a tenant-in-tail or for life is bound to abstain from committing waste, and if she commits a breach of that duty, there is no reason why she should be allowed to go free and not be held accountable. It is open to the reversioners to file a suit praying that such movable corpus may be so reduced into possession and handed over to a Receiver appointed in the suit subject to any question of limitation, and transferees from the widow without consideration may be made to replace any part of the movable corpus of the estate of the last male owner w....