Case ID: 2269

Judgment:
Appeal No. 21 of 1965. Appeal by special leave from the judgment and decree dated March 15	 1961 of the Allahabad High Court in Second Appeal No. 2434 of 1960. N.C. Chatterjee	 E. C. Agarwala	 Kartar Singh and P.C. Agarwala	 for the appellants. J. P. Goyal and B. P. Jha	 for the respondents. 477 The Judgment of the Court was delivered by Shah	 J. Hukam Singh and Sukhram the first appellant in this appeal were two brothers. Chidda the second appellant	 is the son of Sukhram	 Hukam Singh	 Sukhram and Chidda consti tuted a Hindu joint family and were governed by the Mitakshara Law of the Benares School. Hukam Singh died in 1952 leaving him surviving his wife Kishan Devi. On December 15	 1956	 Kishan Devi sold a half share in a house and a shop belonging to the joint family	 to Gauri Shankar. Sukhram and his son Chidda then commenced an action in the Court of the Munsif of Ghaziabad for a decree declaring that the sale by Kishan Devi to Gauri Shankar was without consideration	 and for an order cancelling the sale deed. The suit was dismissed by the Court of First Instance	 the District Court	 Meerut	 and the High Court of Allahabad. In this appeal the only question which falls to be determined is whether the sale deed executed by Kishan Devi was binding upon the coparceners of her husband. On the death of Hukam Singh in 1952	 it is common ground Kishan Devi acquired by virtue of section 3(2) of the Hindu Women 's Right to Property Act 18 of 1937	 the same interest in the property of the joint family which Hukam Singh had. That interest was limited interest known as the 'Hindu	 Woman 's estate ': section 3(3) of the Hindu Women 's Right to Property Act	 1937. The Parliament enacted The 30 of 1956	 which by section 14(1) provided that "Any property possessed by a female Hindu	 whether acquired before or after the commencement of this Act	 shall be held by her as full owner thereof and not as a limited owner. " The plea raised in the District Court that Kishan Devi was not "possessed" of the property which she sold to Gauri Shankar was rejected	 and has not been set up before us. Clearly therefore	 on the express words of section 14(1) of the 	 Kishan Devi acquired on June 17	 1956	 rights of full ownership in the interest which Hukam Singh had in the property of the family during his life time	 and she was competent without the consent of the male members of the family to sell the property for her own purposes. But Mr. Chatterjee for the appellants submits that under the Benares School of the Mitakshara a male coparcener is not entitled to alienate even for value his undivided interest in coparcenary property without the consent of the other coparceners	 unless the alienation be for legal necessity	 or if the coparcener is the father	 for payment by him of his antecedent debts which are not illegal or avvavaharika	 and it could not have been intended by Parliament to confer upon a widow in a Hindu family a larger right than the right which the surviving coparceners could exercise at the date of the sale by the widow. Counsel says that the Parliament by Act 30 478 of 1956 merely intended to confer upon a Hindu widow rights of full ownership in the interest in property in which she had prior to that Act	 only a limited interest	 but did not intend to destroy the essential character of joint family property so as to invest the widow with power to alienate that interest without the assent of the coparceners of her husband. It is true that under the Benares school of the Mitakshara a caparcener may not	 without the consent of the other coparceners	 sell his undivided share in the family estate for his own benefit: Madho Parshad vs Mehrban Singh(1); Balgobind Das vs Narain Lal and Ors. (2) and Chandradeo. Singh & Ors. vs Mata Prasad & Anr. (3) But the words of section 14 of the are express and explicit; thereby a female Hindu possessed of property whether ac quired before or after the commencement of the Act holds it as full owner and not as a limited owner. The interest to which Kishan Devi became entitled on the death of her husband under section 3(2) of the Hindu Women 's Right to Property Act	 1937	 in the property of the joint family is indisputably her "property" within the meaning of section 14 of Act 30 of 1956	 and when she became "full owner" of that property she acquired a right unlimited in point of user and duration and uninhibited in point of disposition. We are unable to agree with Mr. Chatterjee that restrictions on the right of the male members of a Hindu joint family form the bed rock on which the law relating to joint family property under the Hindu Law is founded. Under the Law of the Mitakshara as administered in the territory governed by the Maharashtra and the Madras Schools and even in the State of Madhya Pradesh	 a Hindu coparcener is competent to alienate for value his undivided interest in the entire joint family property or any specific property without the assent of his coparceners. A male member of a Hindu family governed by the Benaras School of Hindu Law is undoubtedly subject to restrictions qua alienation of his interest in the joint family property but a widow acquiring an interest in that property by virtue of the is not subject to any such restrictions. That is however not a ground for importing limitations which the Parliament has not chosen to impose. On the death of her husband	 Kishan Devi became entitled to the same interest which Hukam Singh had in the joint family property of that interest	 she became full owner on June 17	 1956	 and being full owner she was competent to sell that interest for her own purposes	 without the consent of the male coparceners of her husband. The appeal therefore fails and is dismissed with costs. R.K.P.S. Appeal dismissed. (1) L.R. 17 I.A. 194. (2) L.R. 20 I.A. 116. (3) I.L.R. 31 All. 176 (F.B.).

Summary:
The first appellant	 his brother H and his son the second appellant	 constituted a Hindu Joint family and were governed by the Mitakshara law of the Benares School. He died in 1952 leaving him surviving his widow. On December 15	 1956	 the widow sold a half share in a house and a shop belonging to the joint family to the first respondent. The appellants filed a suit for a decree declaring that the sale by the widow was without consideration and for an order can celling the sale deed. The suit was dismissed by the Trial Court and	 in appeal	 by the High Court. In appeal to this Court it was contended on behalf of the appellants that under the Benares School of the Mitakshara	 a male coparcener is not entitled to alienate even for value	 his undivided interest in coparcenary property without the consent of the other coparceners except in certain specified cases	 and by section 14(1) of the Hindu Succession Act 30 of 1956 it could not have been intended to confer a larger right on the widow of a coparcener. HELD: On the death of her husband	 the widow became entitled to the same interest which H had in the joint family property under s.3(2) of the Hindu Women 's Right to Property Act	 18 of 1937	 in the joint family property of that interest	 by virtue of s.14(1) of the 	 she became full owner on June 17	 1956 and being full owner she was competent to sell it for her own purpose without the consent of the male coparceners of her husband. [477D G] A male member of a Hindu family governed by the. Benares School of Hindu Law is undoubtedly subject to restrictions qua alienation of his interest in the joint family property. but a widow acquiring an interest in that property by virtue of the is not subject to any such restrictions. That is however not a ground for importing limitations which the Parliament has not chosen to impose. [478F] Madho Parshad vs Mehrban Singh	 L.R. 17 I.A. 194; Balgobind Das vs Narain Lal and Ors. L.R. 20 I.A. 116 and Chandradeo Singh & Ors. vs Mata Prasad & Anr. T.L.R. 31 All. 176 (F.B.); referred to.