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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
HON'BLE SHRI JUSTICE S. G. CHAPALGAONKAR
Kailas S/o. Prabhakar Shinde – Appellant
Versus
Indubai W/o. Kailas Shinde, – Respondent
JUDGMENT :
[S.G. CHAPALGAONKAR, J.]
The appellant/original plaintiff impugns the judgment and decree dated 18.07.2013 passed by District Judge, Jalna in Regular Civil Appeal no. 205 of 2009, thereby upholding the judgment and decree dated 30.11.2009 passed by Civil Judge (S.D.) Jalna, in Special Civil Suit No. 78 of 2007, thereby dismissing the suit of the appellant seeking cancellation of sale deed, declaration of ownership and perpetual injunction.
2. For sake of convenience, parties are referred as per their original status in the suit.
3. The Appellant/plaintiff instituted Special Civil Suit No. 78 of 2007 contending that defendant No.1 Indubai was his legally wedded wife. After solemnization of marriage on 10.5.1997, she happily resided with him for about 8 years. Thereafter, some dispute erupted between them eventually, she started residing with her parents. She instituted proceeding for grant of maintenance under Section 125 of Cr.P.C. against him. The dispute was amicably resolved by intervention of friends. Defendant No.1 resumed matrimonial life with him. In turn, he executed a registered management deed dated 9.3.2006 in her favour giving her right to manage suit property be
The right to maintenance under Hindu law can convert a limited interest in property into absolute ownership, overriding restrictions in the management deed.
The right to maintenance under Hindu law confers absolute ownership of property, overriding any restrictions in the management deed, as per Section 14(1) of the Hindu Succession Act.
Possession of property given to a Hindu female pursuant to or in recognition of a right to maintenance confers a right which gets enlarged to full ownership.
Female Hindu inheritance – Objective of Section 14(1) of Hindu Succession Act, 1956 is to create an absolute interest in case of a limited interest of wife where such limited estate owes its origin t....
Hindu Women’s right to maintenance – Right of maintenance is sufficient for property given in lieu thereof to transform into absolute ownership, by way of Section 14(1) of HSA, 1956.
Hindu Law – property given to wife - Property had been given to the female Hindu in recognition of or in lieu of her right to maintenance, it was held that the situation fell within the ambit of subs....
The court affirmed that a female's limited estate under a will evolves into an absolute right under Section 14(1) of the Hindu Succession Act, which cannot be restricted by subsequent bequests.
The main legal point established in the judgment is the liberal interpretation of Section 14 of the Hindu Succession Act to advance the objective of enlarging the limited interest possessed by Hindu ....
The court established that property classified as stridhana under the Hindu Succession Act grants absolute ownership rights to female heirs, overriding previous limited rights.
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