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RUDRA PRAKASH MISHRA
Prabha Sinha – Appellant
Versus
Kaushal Chand Singh – Respondent
Rudra Prakash Mishra, J.—The present appeal has been filed against the order dated 05.03.1992 passed by Shri Kumar Ganesh Dutt, 4th Additional District Judge, Rohtas at Sasaram in T.S. No. 2/86 arising out of Probate Case No. 33 of 1985 by which the Court below has dismissed the suit as not maintainable.
2. The appellant filed the Probate Case No.33 of 1985 for grant of probate and letters of Administration with respect to the property described in Schedule-A, B and C of the petition left by Late Kanji Sahay. In paragraphs 7 and 8 of the petition of Probate case, it has been stated that Late Kanji Sahai executed a deed of will in the name of petitioner on 19.12.1951 with the condition that his first wife Maina Devi @ Manraj Kuer and second wife Mundrika Devi @ Mundrika Kuer shall remain in possession of the land and properties left by the testator during their life time. It was further laid down that the wives of the testator shall deposit the usufruct and income of the properties left by the testator and the savings after the expenses towards their maintenance. It was further mentioned in the Will that after the death of his wives the appellant shall be entitled to take actual poss
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.
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.
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....
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....
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.
(1) Female Hindu inheritance – Hindu woman’s right to maintenance was not and is not an empty formality or an illusory claim being conceded as a matter of grace and generosity – Hindu woman’s right t....
(1) Hindu female’s right to maintenance is not an empty formality or an illusory claim being conceded as a matter of grace and generosity, but is a tangible right against property which flows from sp....
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 ....
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