AIR 1921 MADRAS 681(2)

Madras High Court

Hon'ble Judge(s): Kumaraswami Sastri, Devadoss , JJ

Hindu Law - Widow - Surrender can be subject to reservation of absolute estate in certain properties for maintenance. Surrender subject to reservation for maintenance is invalid. In the case of widows entitled to maintenance it is open to them to get properties absolutely in lien of their claim, a surrender by a widow is not invalid where the bargains for an absolute estate in a portion of the estate for her maintenance so long as the lands allotted to her for maintenance are not in excess of her requirements for maintenance and the transaction is otherwise fair. The reservation for maintenance need not be only of life estate.