Judgement

THAKKAR, J. :- Under the same law*1 in an identical fact-situation, a Hindu widow who has inherited property in Orissa or Andhra Pradesh would be a limited owner and would not become an absolute owner thereof whereas if she has inherited property in Madras, Punjab, Bombay or Gujarat she would become an absolute owner. That is to say, in a situation where a Hindu widow regains possession of a property (in which she had a limited ownership) subsequent to the commencement of the Act*2 upon the retransfer of the very same property to her by the transferee in whose favour she had transferred it prior to the commencement of the Act. This incongruous situation has arisen because of an interpretation and application of Section 14(1)*3 of the Hindu Succession Act CS(Act) in the context of the aforesaid fact- situation the High Courts of Orissa*1 and Andhra Pradesh*2 have proclaimed that she would be only a limited owner of such property on such retransfer whereas the High Courts of Madras*3, Punjab*4, Bombay*5 and Gujarat*6 have taken a contrary view and have pronounced that she would become an absolute owner of such a property in the aforesaid situation. We have therefore to under