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Hindu Succession Act,1956

Act No : 30

Section : Property of a female Hindu to be her absolute property.

14.Property of a female Hindu to be her absolute property. (1)Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner. Explanation.-In this sub-section, " property " includes both mov- able and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act. (2) Nothing contained in sub-section (1) shall apply to any pro- perty acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property. 177

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Shambasiv wrote on 02 May 2009

Where the Hindu female in possession of the property of her husband becomes absolute owner and the property is subsequently sold by her, the purchaser would get absolute right in the property despite the fact that there was no such necessity or benefit before the family requiring the disposal.-Veerangowda v. Basant Gowda 1981(2) Kar LJ 385


Shambasiv wrote on 02 May 2009

Where a stipulation in the will suggested the wife to enjoy the property for her life and thereafter the property had to revert back to the successors of the testator, it was held that the widow had an absolute estate and there was the application of s. 14 (1) Pritam Singh v. Bachan Kaur AIR 1985 Punj 4


Shambasiv wrote on 02 May 2009

Application of the provision of s. 14 (2) is confined to causes where on account of some grant or disposition, a right is conferred with certain restrictions on the widow for the first time and not in recognition of any pre-existing right-Abirami v. Mathuram 1984 (2) MLJ 391




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