9911796707
TMI Blog1999 (2) TMI 65X X X X Extracts X X X X X X X X Extracts X X X X ..... ation to the present case. Under such circumstances, the widow became the absolute owner of house No. 27 and was fully competent to execute the gift deed in favour of her daughter. The gift deed executed by the widow was thus valid. Appeal allowed. - - - - - Dated:- 24-2-1999 - Judge(s) : V. N. KHARE., SYED SHAH MOHAMMED QUADRI JUDGMENT The judgment of the court was delivered by V. N. KHARE J.--One Nanho Dubey, father of the appellant herein, was the owner in possession of house No. 27 situate in Mohalla Purani Kotwali, in the town of Jhansi. During his life time, Nanho Dubey executed a will on December 16, 1935, in respect of his properties, including house No. 27, which was duly registered. It was the last will of Nanhu Dubey ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Smt. Bhag-wati Bai-widow of Nanho Dubey had been given the right of possession in lieu of her maintenance, it was in recognition of her pre-existing right. The said limited right was transformed into an absolute right by virtue of sub-section (1) of section 14 of the Act and as such she was legally competent to gift the property in favour of her daughter. On the other hand, the contention on behalf of the respondent is that since the widow of Nanhu Dubey got the right by virtue of a will for the first time, her rights would be governed by sub-section (2) of section 14 of the Act and in that case, she was not legally competent to execute the gift deed in favour of the appellant. According to old Shastric Hindu law, marriage between two ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s no longer res integra. This court in V Tulasasamma v. Sesha Reddy [1977] 3 SCC 99, 125 ; AIR 1977 SC 1944, 1970, has held as under : "38. Thus the following propositions emerge from a detailed discussion of this case : (1) that the widow's claim to maintenance is undoubtedly a tangible right though not an absolute right to property so as to become a fresh source of title. The claim for maintenance can, however, be made a charge on the joint family properties, and even if the properties are sold with the notice of the said charge, the sold properties will be burdened with the claim for maintenance ; (2) That by virtue of the Hindu Women's Rights to Property Act, 1937, the claim of the widow to maintenance has been crystallized ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of section 14(1) of the Act, that the widow's limited interest gets automatically enlarged into an absolute right notwithstanding any restriction placed under the document or the instrument. So far as sub-section (2) of section 14 is concerned, it applies to instruments, decrees, awards, gifts, etc., which create an independent or a new title in favour of the female for the first time. It has no application to cases where the instrument/document either declares or recognizes or confirms her share in the property or her 'pre-existing right to maintenance out of that property. As held in Tulasamma's case [1977] 3 SCC 99, sub-section (2) of section 14 is in the nature of a proviso and has a field of its own, without interfering with the oper ..... X X X X Extracts X X X X X X X X Extracts X X X X
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