Hindu Succession Act (1956), S.14(1) – Right of widow – Hindu female has a right to be maintained by her husband and in exercise of that right if some interest is created in her favour even though limited in nature, the said interest gets converted into absolute interest by virtue of provisions of Section 14(1) of the said Act – If some property is received in recognition of a pre-existing right to maintenance by virtue of provisions of Section 14(1) of the said Act, the Hindu female gets absolute right in the same in view of provisions of Section 14(1) of the said Act.
Widow executed sale deed of her property in which life interest was granted in property by way of will . Her limited right in property become absolute right by virtue of S.14(1) of Hindu Succession Act. Plea of son that widow has no right to alienate property is not tenable [Paras 9, 13, 15]
Will – If a Will contains several clauses and the latter clause is found to be inconsistent with the earlier clauses, then in such situation the latter intention of the testator is given effect to and it is on this basis that the latter clause would prevail over the earlier clauses – Succession Act, 1925, S. 88.
PLRonline 315002
LogIn / Subscribe to read Full Notes and judgment
