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1989 Supreme(SC) 227

G.L.OZA, K.JAGANNATHA SHETTY, S.NATARAJAN
Jaswant Kaur – Appellant
Versus
Major Harpal Singh – Respondent


ORDER

1. The only question which arises in the case relates to applicability of Section 14(1) or 14(2) of the Hindu Succession Act. Long before the Hindu Succession Act came into force, the husband of the appellant gave to her one half of his property under a will, but the will imposed certain restrictions on the right of alienation. The appellant continued to be in possession of the property till the Hindu Succession Act came into force. It is said that thereafter she disposed of a part of the property which is the subject matter of challenge by the respondent by way of suit.

2. The question raised in this appeal has been considered in detail and is concluded by the judgment of this Court in Gulwant Kaur v. Mohinder Singh ((1987) 3 SCC 674) wherein it is observed : (SCC p. 679, para 4)

It is obvious that Section 14 is aimed at removing restrictions or limitations on the right of a female Hindu to enjoy, as a full owner, property possessed by her so long as her possession is traceable to a lawful origin, that is to say, if she has a vestige of a title. It makes no difference whether the property is acquired by inheritance or devise or at a partition or in lieu of maintenance or arr

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