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Hindu Succession Act, 1956


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 movable 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 property 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.

Comment: The case of the widow who had temporarily lost the right in the property by virtue of the transfer in favor of the alienee or the donee cannot be equated with that of a stranger by forgetting the realities of the situation. Surely, the act was intended to benefit her. And when the widow becomes possessed of the property, having regained precisely that interest which she had temporarily lost during the duration of the eclipse, Section 14(l) would come to her rescue which would not be the matter in the case of a stranger who cannot invoke Section 14(1). Jagannathan Pillai v. Kunjithapadam Pillai, AIR 1987 SUPREME COURT 1493



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