TMI Blog1969 (8) TMI 98X X X X Extracts X X X X X X X X Extracts X X X X ..... s second wife Smt. Kanso Devi. Gajju Mai died in 1947 leaving him surviving the said five sons and Smt. Kanso Devi. On August 5, 1950 Tulsi Ram Seth was appointed by the parties as an arbitrator for resolving certain differences which had arisen relating to partition of the urban immovable properties and other assets and liabilities left by Gajju Mai. On October 31, 1950 the arbitrator gave his award. Under Clause 6 of this award Smt. Kanso Devi was awarded three sets of property including bungalow No. 20, Alipore Road, Delhi. The award was made the rule of the court. It was stated in the award that Smt. Kanso Devi would have a widow's estate in the properties awarded to her. It was also provided that the immovable properties allotted a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (1) or Sub-section (2) of Section 14 of the Hindu Succession Act, hereinafter called the Act. This section reads : 14(1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her us full owner thereof and not as a limited owner. Explanation.-In this Sub-section, 'property' includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase of by prescription or in any other manner whatsoever, and also any such prope ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Hindu law other than the Dayabhaga School died intestate leaving separate property his widow was entitled to the same share as a son in respect of the property left by her husband. Under Section 3(2) when any such Hindu died having at the time of his death an interest in a Hindu Joint Family property his widow was to have the same interest in the property as he himself had. Sub-section (3) provided that any interest devolving on a Hindu widow under the aforesaid provision was to be a limited interest known as Hindu women's estate but that the widow was to have the same right of claiming partition as a male owner. 5. The case in the courts below proceeded on the footing that all the properties left by Gajju Mal were his separate ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uruswami v. Setra Veerayya and Ors. MANU/SC/0102/1958MANU/SC/0102/1958 : [1959] Supp.1 S.C.R.968 In S. S. Munna Lal v. S. S. Rajkumar and Ors. MANU/SC/0400/1962MANU/SC/0400/1962 : [1962] Supp.3 S.C.R. 418 it was held that 1/4th share of a female which had been declared by the preliminary decree passed before the enactment of the Act was possessed by her within the meaning of Section 14 and she became the full owner so that on her death the said property descended to her grandsons in accordance with the provisions of Sections 15 and 16 of the Act. The word acquired in Sub-section (1) has also to be given the widest possible meaning. This would be so because of the language of the Explanation which makes Sub-section (1) applicable to acquis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... family which her husband Hukan Singh had under the provisions of Act XVIII of 1937. The question arose, whether after the coming into force of the Act she got rights of full ownership and could alienate the properties in which she had acquired a limited interest without the consent of the male members of the family. This Court decided that she had become full owner by virtue of the provisions of Section 14(1) of the Act. This case is quite apposite for our purpose and we must hold that the respondent became a full owner of the suit properties when the Act came into force. The mere fact that there was a partition by means of arbitration which resulted in an award and a decree based on it would not bring the matter within Sub-section (2) as t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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