AIR 1964 MADRAS 387 ::1977 MadLW 9 ::(1964) 1 MadLJ374 ::ILR (1964) 1 Mad 570

Madras High Court

Hon'ble Judge(s): S. Ramachandra Iyer , C.J. AND Ramamurti , J

(A) Hindu Succession Act (30 of 1956) , S.14— Property got by widow u/S.3, Hindu Women's Rights to Property Act - Sub-S.(1) applies to the case and the widow gets an absolute title. Section 14(1) of the Act will apply not only to cases where a woman inherited the property under the ordinary Hindu Law but also where she got it by virtue of the provisions of S. 3 of the Hindu Women's Rights to Property Act and enlarge her rights as a limited owner under that Act to an absolute estate. AIR 1954 Mad 227, Ref. to(Para 9 11) An acquisition of property by virtue of the provisions of any statute like the Hindu Women's Rights to Property Act will prima facie be covered by S. 14(1) and not by S. 14(2) as S. 14(1) is comprehensive in its ambit and the unlimited mode of acquisition specified by it will comprehend such a case.(Para 9) The right got by a Hindu widow under the Hindu Women's Rights to Property Act is a right obtained under the law and not under any of the categories mentioned in Sub-S. (2) and hence it will not save the right from being enlarged to an absolute estate. Sub-Section (2), which is based on the principle of sanctity of contract and grants is an exception to Sub-S. (1) and it should be strictly construed. It does not refer in terms to an acquisition of property und....