S.S.SANDHAWALIA, J.

1. The significant question of law before this Full Bench on a reference has been succinctly formulated in the following terms:-

"Whether a female who is possessed of land under a gift made by a limited owner prior to the enforcement of the Hindu Succession Act becomes full owner after the enforcement of the Act?"

The salient facts from which the issue arises are hardly in dispute. The original male owner of the suit land was one Matu. On his death his wife Smt. Sunder succeeded to his estate as a limited owner. However, she absolutely gifted one-half share in Khewat No. 58 in favour of her husband s brother s daughter Smt. Parmeshwari defendant and the mutation in respect thereof was sanctioned on the 28th of August, 1953. The donee was apparently put in possession of the said property. The Hindu Succession Act came into force on the 17th of June, 1956 and about 5 years thereafter Smt. Sunder, the donor, died some time in 1961. A suit was then brought on the 2nd of March, 1963, by Smt. Santokhi, the real sister of Smt. Permeshwari donee, for a declaration that the gift in the latter s favour was invalid on the primary ground that Smt. Sunder, the origin