" The latter obligation would, under certain circumstances, ripen into a legal obligation, as, for in stance, when a charge is created on specific property of the family either by agreement or a decree of the court; that, so long as neither of these two obligations has taken the form of a charge on the family property, the obligation to pay the binding debts will have precedence (as, for instance, in the course of the administration of the estate) over mere claims of a female member 's main tenance, but, if either of these two obliga tions assumes the shape of a charge, it would take precedence over the other." In Pratapmull Agarwalla vs Dhanabati Bibi,(1) the Judicial Committee pointed out that while a mother may not be the owner of her share until partition is made and has no pro existing right with regard to the share in the property, but she has a pro existing right for maintenance.