A Hindu woman who gets property from her husband through a will cannot have absolute right over it unlike property inherited by her through succession, the Supreme Court has ruled.
Though the Hindu Marriages Act provides absolute right to a woman over the property inherited through succession from her husband, she cannot have the same privilege if the property devolves on her through a 'will' with restricted clauses.
A bench of justices P. Sathasivam and H.L. Gokhale passed the ruling while upholding an appeal filed by a land owner Jagan Singh challenging the right of his widowed sister-in-law Dhanwanti to sell her plot which was gifted through a will by her husband Umrao Singh.
Umrao Singh had, in his will stated that his wife Dhanwanti will be the owner of his plot. However, she would not have any right to dispose off the property, he had added.
After the death of her husband, however, Dhanwanti attempted to sell the plot which was challenged by Jagan Singh.
Both the rial court and the Allahabad High Court rejected his plea on the ground that Dhanwanti enjoyed the protection of the Hindu Marriage Act under which she had absolute right to enjoy, dispose of gift the property to any person. Howvevr the apex court ruled that, "Section. 14 of the Hindu Succession Act, 1956, undoubtedly declares in sub-section (2) which provides that sub-section (1) will not apply to any property which is given away by way of a gift or under a will".
"In the present case, Umrao Singh had made a will, and under that he had created a restricted estate which was permissible under this section. 14 (2)". Justice. Gokhale said.
The Supreme Court said that a widow who succeeds to the property of her deceased husband on the strength of his will, cannot claim any right other than those conferred by the will.--January, 21st, 2012.
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C.S. Chakravarthy
H. No. 12-13-301, St. No. 9,
Lane. No. 1, Flat. No. 203,
Satya Classic, Tarnaka,
Secunderabad-500017
E-mail: chakku1968@gmail.com
Cell. No. 09985732397.
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Though the Hindu Marriages Act provides absolute right to a woman over the property inherited through succession from her husband, she cannot have the same privilege if the property devolves on her through a 'will' with restricted clauses.
A bench of justices P. Sathasivam and H.L. Gokhale passed the ruling while upholding an appeal filed by a land owner Jagan Singh challenging the right of his widowed sister-in-law Dhanwanti to sell her plot which was gifted through a will by her husband Umrao Singh.
Umrao Singh had, in his will stated that his wife Dhanwanti will be the owner of his plot. However, she would not have any right to dispose off the property, he had added.
After the death of her husband, however, Dhanwanti attempted to sell the plot which was challenged by Jagan Singh.
Both the rial court and the Allahabad High Court rejected his plea on the ground that Dhanwanti enjoyed the protection of the Hindu Marriage Act under which she had absolute right to enjoy, dispose of gift the property to any person. Howvevr the apex court ruled that, "Section. 14 of the Hindu Succession Act, 1956, undoubtedly declares in sub-section (2) which provides that sub-section (1) will not apply to any property which is given away by way of a gift or under a will".
"In the present case, Umrao Singh had made a will, and under that he had created a restricted estate which was permissible under this section. 14 (2)". Justice. Gokhale said.
The Supreme Court said that a widow who succeeds to the property of her deceased husband on the strength of his will, cannot claim any right other than those conferred by the will.--January, 21st, 2012.
-------------------------------------------------------------------------------------------------------------
C.S. Chakravarthy
H. No. 12-13-301, St. No. 9,
Lane. No. 1, Flat. No. 203,
Satya Classic, Tarnaka,
Secunderabad-500017
E-mail: chakku1968@gmail.com
Cell. No. 09985732397.
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