A.D.DESAI, C.V.RANE
KUSUMGAURI WD/o. GANPATRAM THAKORDAS – Appellant
Versus
UMIABEN D/o. THAKORDAS GOVINDRAM AND WD/o. NARBHERAM CHUNILAL – Respondent
( 1 ) IN all these appeals which are referred to us the question raised for our determination is whether the right of maintenance and residence which a Hindu widow whose husband has died prior to the coming into force of Hindu Women Rights to Property Act 1937 has can be held to be property possessed by her as a limited owner so as to attract the provisions of sub-sec. (1) of sec. 14 of the Hindu Succession Act 1956 (hereinafter referred to as the Act ). These appeals were argued together and we shall dispose of them by this common judgment.
( 2 ) IN order to understand the question at issue we will first state the facts of Second Appeals Nos. 209 of 1970 and 554 of 1970. The property in dispute therein is house bearing No. 2047 situated in Ward No. 3 Salabatpura Surat. This house originally belonged to one Thakordas who died in the year 1931 leaving behind him his widow Devkorben son Ganpatram Ganpatrams wife Kusumben and two daughters namely Umiaben and Taraben. Devkorben resided with her son Ganpatram. Umiaben and Taraben were got married. Ganpatram died on October 1 1962 leaving behind him his wife Kusumben and mother Devkorben. Ganpatram made a will
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