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1967 Supreme(Del) 156

I.D.DUA, S.N.ANDLEY, S.N.SHANKAR
CHINTI – Appellant
Versus
DAULTU – Respondent


Advocates Appeared:
INDER SINGH, RAMJEE DAS

I. D. Dua, C. J.

( 1 ) THE following question has been referred by Anctley, J. for answer to this Bench :-

"whether a gift made before the commencement of the Hindu Succession Act, 1956, by a widow at a time when she was a limited owner having only a life estate in favour of her daughter remains a gift only for the life time of the widow or does the daughter become a full owner of the gifted property by virtue of section 14 of the said Act when the daughter donee is in possession of the gifted property upon the date of the commencement of the It is unnecessary to state the facts of the present case because we are only concerned with the abstract question referred. The reference, it may be pointed out. was necessitated because of a decision of the learned Judicial Commissioner of Himachal Pradesh (C. B. Capoor, J. C. in Smt. Sumitra etc. v. Smt. Maharaju etc. , According to the learned Judicial Commissioner, it was not the intention of the Legislature, while enacting section 14 of the Hindu Succession Act No. 30 of 1956 (hereafter called the Act), that after its enforcement, a. Hindu female shall have absolute rights in any and every properly possessed by her and that the inlent of t




















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