AIR 1946 MADRAS 75

Madras High Court

Hon'ble Judge(s): Yahya Ali , J

Hindu Law - Widow - Partition suit - Widow awarded share inherited by her from her son - No security should ordinarily be demanded before giving share to widow. A Hindu widow was declared entitled in a partition suit to a certain sum being her share as legal representative of her deceased son out of the sale proceeds of the house belonging to the family. Neither the preliminary decree nor the final decree imposed any condition on her right to or power over her share. When, however, she applied for withdrawal of the sum, the Court directed her to draw the amount on furnishing proper security on the ground that she was only a limited owner under the Hindu law : Held that the widow was entitled as of right to be put in possession of the share inherited by her. No security could be demanded from her merely on the ground that she was a limited owner. It was only in special circumstances that she could be required to give security, e.g., when it was shown by the nearest reversioner that she was likely to commit waste or squander away the property. It was not open to a person who was not even the nearest reversioner to require the widow to give security : ('44) 31 AIR 1944 Mad 340 and ('44) 31 AIR 1944 Mad 374, Rel on ; ('15) 2 AIR 1915 PC 18, Ref.; ('41) 28 AIR 1941 Mad 724, Disting.(Para 75C1,2 76C1) ....