Summarize the following court judgment. Appeal No. 1360 of 1968. (Appeal by Special Leave from the Judgment and Order dated 22 11 1967 of the Andhra Pradesh High Court in Second Appeal No. 804/64). T.S. Krishnamurthi lyer	 R.K. Pillai and R. Vasudev Pillai	 for the appellants. T. V. section Narasimhachari	 for the respondents. The Judgment of P.N. Bhagwati and A.C. Gupta	 JJ. was delivered by Bhagwati	 J.S. Murtaza Fazal Ali	 J. gave a separate opinion. BHAGWATI	 J. We have had the advantage of reading the judgment prepared by our learned brother section Murtaza Fazal Ali and we agree with the conclusion reached by him in that judgment but we would prefer to give our own reasons. The facts giving rise to the appeal are set out clearly and succinctly in the judgment of our learned brother and we do not think it necessary to reiterate them. The short question that arises for determination in this appeal is as to whether it is sub section (1) or sub section (2) of section 14 of the that applies where property is given to a Hindu female in lieu of maintenance under an instrument which in so many terms restricts the nature of the interest given to her in the property. If sub section (1) applies	 then the limitations on the nature of her interest are wiped out and she becomes the full owner of the property	 while on the other hand	 if sub section (2) governs such a case	 her limited interest in the property is not enlarged and she continues to have the restricted estate prescribed by the instrument. The question is of some complexity and it has evoked wide diversity of judicial opinion not only amongst the different High Courts but also within some of the High Courts themselves. It is indeed unfortunate that though it became evident as far back as 1967 that subsections (1) and (2) of section 14 were presenting serious difficulties of construction in cases where property was received by a Hindu female in lieu of maintenance and the instrument granting such property pre scribed a restricted estate for her in the property and divergence of judicial opinion was creating a situation which might well be described as chaotic	 robbing the law of that modicum of certainty which it must always possess in order to guide the affairs of men	 the legislature	 for all these years	 did not care to step in to remove the constructional dilemma facing the courts and adopted an attitude of indifference and inaction	 untroubled and un moved by the large number of cases on this point encumbering the files of different courts in the country	 when by the simple expedient of an amendment	 it could have silenced .judicial conflict and put an end to needless litigation. This is a classic instance of a statutory provision which	 by reason of its inapt draftsmanship	 has created endless confusion for litigants and proved a para dise for lawyers. It illustrates forcibly the need of an authority or body to be set up by the Government or the Legislature which would constantly keep in touch with the adjudicatory 267 authorities in the country as also with the legal profession and immediately respond by making recommendations for suit able amendments whenever it iS found that a particular statutory provision is	 by reason of inapt language or unhappy draftsmanship	 creating difficulty of construction or is otherwise inadequate or defective or is not well conceived and is consequently counter productive of the result. it was intended to achieve. If there is a close inter action between the adjudicatory wing of the State and a dynamic and ever alert authority or body which responds swiftly to the draw backs and deficiencies in the law in action	 much of the time and money	 which is at present expended in fruitless litigation	 would be saved and law would achieve a certain amount of clarity	 certainty and simplicity which alone can make it easily intelligible to the people. Since the determination of the question in the appeal turns on the true interpretation to be placed on sub section (2) read in the context of sub section (1) of section 14 of the 	 it would be convenient at this stage to set out both the sub sections of that section which read as follows: "14(1) 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. Explanation. In this sub section	 "property" includes both movable and immovable property acquired by a female Hindu by inheri tance or device	 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 or by prescription	 or in any other manner what ever	 and also any such property held by her as stridharas immediately before the commence ment of this Act. (2) Nothing contained in sub section (1) shah apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift	 will or other instrument or the decree	 order or award prescribe a restricted estate in such property. " Prior to the enactment of section 14	 the Hindu law	 as it was then in operation	 restricted the nature of the interest of a Hindu female in property acquired by her and even as regards the nature of this restricted interest	 there was great diversity of doctrine on the subject. The Legisla ture	 by enacting sub section (1) of section 14	 intended	 as pointed by this Court in S.S. Munna Lal vs S.S. Raikumar(1) "to convert the interest which a Hindu female has in property	 however	 restricted the nature of that interest under the Sastric Hindu law may be	 into absolute estate". This Court pointed out that the is a codifying enactment and has made far reaching changes in the structure of the Hindu law of inheritance	 and succession. The Act confers upon Hindu females full rights of inheritance (1) [1962] Supp. 3 S.C.R. 418. 268 and sweeps away the traditional limitations on her powers of disposition which were regarded under the Hindu law as inherent in her estate". Sub section (1) of section 14	 is wide in its scope and ambit and uses language of great amplitude. It says that any property possessed by a female Hindu	. whether acquired before or after the commencement of the Act	 shall be held by her as full owner thereof and not as a limited owner. The words "any property" are	 even without any amplification	 large enough to cover any and every kind of property	 but in order to expand the reach and ambit of the section and make it all comprehensive	 the Legislature has enacted an explanation which says that property would include "both movable and immovable property acquired by a female Hindu by inheritance or device	 or at a partition	 or in lieu of maintenance or arrears of mainte nance	 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 or by prescription	 or in any other manner whatever	 and also any such property held by her as stridhana immediately before the commencement" of the Act. Whatever be the kind of property	 movable or immovable	 and whichever be the mode of acquisition	 it would be cov ered by subsection (1) of section 14	 the object of the Legislature being to wipe out the disabilities from which a Hindu female suffered in regard to ownership of property under the old Sastric law	 to abridge the stringent provi sions against proprietary rights which were often regarded as evidence of her perpetual tutelege and to recongnize her status as an independent and absolute owner of property. This Court has also in a series of decisions given a most expansive interpretation to the language of sub section (1) of section 14 with a view to advancing the social purpose of the legislation and as part of that process	 construed the words 'possessed of ' also in a broad sense and in their widest connotation. It was pointed out by this Court in Gummalepura Taggina Matada Kotturuswami vs Setra Veeravva(1) that the words 'possessed of mean "the state of owning or having in one 's hand or power". It need not be actual or physical possession or personal occupation of the property by the Hindu female	 but may be possession in law. It may be actual or constructive or in any form recognized by law. Elaborating the concept	 this Court pointed out in Mangal Singh vs Rattno(2) that the section covers all cases of property owned by a female Hindu al though she may not be in actual	 physical or constructive possession of the property	 provided of course	 that she has not parted with her rights and is capable of obtaining possession of the property. It will	 therefore	 be seen that sub section (1) of section 14 is large in its amplitude and covers every kind of acquisition of property by a female Hindu including acquisition in lieu of maintenance and where such property was possessed by her at the date of commence ment of the Act or was 'subsequently acquired and possessed	 she would become the full owner of the property. Now	 sub section (2) of section 14 provides that nothing contained in sub section (1 ) shall apply to any property acquired by way of gift or under a will or any other instru ment or under a decree or order (1) [1959] supp. 1 S.C.R. 968. (2) ; 269 of a civil court or under an award where the terms of the gift	 will or other instrument or the decree	 order or award prescribe a restricted estate in such property. This provi sion iS more in the nature of a proviso or exception to sub section (1) and it was regarded as such by this Court in Badri Pershad vs Smt. Kanso Devi(1). It excepts certain kinds of acquisition of property by a Hindu female from the operation of sub section (1) and being in the nature of an exception to a provision which is calculated to achieve a social purpose by bringing about change in the social and economic position of women in Hindu society	 it must be construed strictly so as to impinge as little as possible on the broad sweep of the ameliorative provision contained in sub section (1 ). It cannot be interpreted in a manner which would rob sub section (1 ) of its efficacy and deprive a Hindu female of the protection sought to be given to her by sub section (1 ). The language of sub section (2) is apparently wide to include acquisition of property by a Hindu female under an instrument or a decree or order or award where the instrument	 decree	 order or award pre scribes a restricted estate for her in the property and this would apparently cover a case where property is given to a Hindu female at a partition or m lieu of maintenance and the instrument	 decree	 order or award giving such property prescribes limited interest for her in the proper ty. But that would virtually emasculate sub section (1)	 for in that event	 a large number of cases where property is given to a Hindu female at a partition or in lieu of mainte nance under an instrument	 order or award would be excluded from the operation of the beneficent provision enacted in sub section (1 )	 since in 	most of such cases	 where property is allotted to the Hindu female prior to the enact ment of the Act	 there would be a provision	 in consonance with the old Sastric law then prevailing	 prescribing limit ed interest in the property and where property is given to the Hindu female subsequent to the enactment of the Act	 it would be the easiest thing for the dominant male to provide that the Hindu female shall have only a restricted interest in the property and thus make a mockery of sub section (1). The Explanation to sub section (1) which includes within the scope of that sub section property acquired by a female Hindu at a partition or in lieu of maintenance would also be rendered meaningless	 because there would hardly be a few cases where the instrument	 decree	 order or award giving property to a Hindu female at a partition or in lieu of maintenance would not contain a provision prescribing re stricted estate in the property. The social purpose of the law would be frustrated and the reformist zeal underlying the statutory provision would be chilled. That surely could never have been the intention of the Legislature in enacting sub section (2). It is an elementary rule of construction that no provision of a statute should be construed in isola tion but it should be construed with reference to the con text and in the light of other provisions of the statute so as	 as far as possible	 to make a consistent enactment of the whole statute. Sub section (2) must	 therefore	 be read in the context of sub section (1) so as to leave as large a scope for operation as possible to sub section (1) and so read	 it must be confined to cases where property is ac quired by a female Hindu for the first time as a grant without any pre existing (1) ; 270 right	 under a gift	 will	 instrument	 decree	 order or award	 the terms of which prescribe a restricted estate in the property. This constructional approach finds support in the decision in Badri Prasad 's case (supra) where this Court observed that sub section (2) "can come into operation only if acquisition in any of the methods enacted therein is made for the first time without there being any pre existing right in the female Hindu who is in possession of the property". It ' may also be noted that when the Hindu Suc cession Bill 1954	 which ultimately culminated into the Act	 was referred to a Joint Committee of the Rajya Sabha	 clause 15(2) of the Draft Bill	 corresponding to the present sub section (2) of section 14	 referred only to acquisition of property by a Hindu female under gift or will and it was subsequently that the other modes of acquisition were added so as to include acquisition of property under an instru ment	 decree	 order or award. This circumstance would also seem to indicate that the legislative intendment was that sub section (2) should be applicable only to cases where acquisition of property is made by a Hindu female for the first time without any pre existing right a kind of acquisi tion akin to one under gift or will. Where	 however	 proper ty is acquired by a Hindu female at a partition or in lieu of right of maintenance	 it is in virtue of a pre existing right and such an acquisition would not be within the scope and ambit of sub section (2)	 even if the instrument	 de cree	 order or award allotting the property prescribes a restricted estate in the property. This line of approach in the construction of sub section (2) of section 14 is amply borne out by the trend of judi cial decisions in this Court. We may in this connection refer to the decision in Badri Parasad 's case (supra). The facts in that case were that one Gajju Mal owning self acquired properties died in 1947 leaving five sons and a widow. On August 5	 1950	 one Tulsi Ram Seth was appointed by the parties as an arbitrator for resolving certain dif ferences which had arisen relating to partition of the properties left by Gujju Mal. The arbitrator made his award on December 31	 1950 and under clause 6 of the award	 the 'widow was awarded certain properties and it was expressly stated in the award that she would have a widow 's estate in the properties awarded to her. While the widow was in possession of the properties	 the Act came into force and the question arose whether on the coming into force of the Act	 she became full owner of the properties under sub section (1) or her estate in the properties remained a restricted one under sub section (2) of section 14. This Court held that although the award gave a restricted estate to the widow in the properties allotted to her	 it was sub section (1) which applied and not sub section (2)	 because inter alia the properties given to her under the award were on the basis of a pre existing right which she had as an heir off .her husband under the Hindu Women 's Right to Property Act	 1937 and not as a new grant made for the first time. So also in Nirmal Chand vs Vidya Wanti (dead) by her legal representatives(1)	 there was a regular partition deed made on December 3	 1945 between Amin chand	 a coparcener and (1) C.A. No. 609 of 1965	 decided on January 21	 1969. 271 Subhrai Bai	 the widow of a deceased coparcener	 under which a certain property was allotted to Subhrai Bai and it was specifically provided in the partition deed that Subhrai Bai would be entitled only to the user of the property and she would have no right to alienate it in any manner but would only have a life interest. Subhrai Bai died in 1957 subse quent to the coming into force of the Act after making a will bequeathing the property in favour of her daughter Vidyawati. The right of Subhrai Bai to bequeath the property by will was challenged on the ground that she had only a limited interest in the property and her case was covered by sub section (2) and not sub section (1). This contention was negatived and it was held by this Court that though it was true that the instrument of partition prescribed only a limited interest for Subhrai Bai in the property	 that was in recognition of the legal position which then prevailed and hence it did not bring her case within the exception contained in sub section (2) of section 14. This Court observed: "If Subhrai Bai was entitled to a share in her husband 's properties then the suit proper ties must be held to have been allotted to her in accordance with law. As the law then stood she had only a life interest in the properties taken by her. Therefore the recital in the deed in question that she would have only a life interest in the properties allotted to her share is merely recording the true legal position. Hence it is ' not possible to con clude that the properties in question were given to her subject to the condition of her enjoying it for her life time. Therefore the trial court as well as the first Appellate Court were right in holding that the facts of the case do not fall within section 14(2) of the Hindu Succession Act	 1955. " It will be seen from these observations that even though the property was acquired by Subhrai Bai under the instrument of partition	 which gave only a limited interest to her in the property	 this Court held. that the case fell within sub section (1) and not sub section (2). The reason obviously was that the property was 'given to Subbrai Bai in virtue of a pre existing right inhering in her and when the instrument of partition provided that she would only have a limited interest in the property	 it merely provided for something which even otherwise would have been the legal position under the law as it then stood. It is only when property is acquired by a Hindu female as a new grant for the first time and the instrument	 decree; order or award giving the property prescribes the terms on which it is to be held by the Hindu female	 namely	 as a restricted owner	 that sub section (2) comes into play and excludes the applicability of sub section (1). The object of sub section (2)	 as pointed out by this Court in Badri Persad 's case (supra) while quoting with approval the observations made by the Madras High Court in Rangaswami Naicker vs Chinnammal(1)	 is "only to remove the disability of women imposed by law and not to interfere with contracts	 grants or decree etc. by virtue of which a woman 's right was restricted" and	 there fore	 where property is acquired by a Hindu female under the instrument in virtue of a pre existing (1) A.I.R. 1964 Mad. 387. 272 right	 such as a right to obtain property on partition or a fight to maintenance and under the law as it stood prior to the enactment of the Act	 she would have no more than limit ed interest in the property	 a provision in the instrument giving her limited interest in the property would be merely by way of record or recognition of the true legal position and the restriction on her interest being a "disability imposed by law" would be wiped out and her limited interest would be enlarged under sub section (1). But where property is acquired by a Hindu female under an instrument for the first time without any pre existing right solely by virtue of the instrument	 she must hold it on the terms on which it is given to her and if what is given to her is a restricted estate	 it would not be enlarged by reason of sub section (2). The controversy before us	 therefore	 boils down to the narrow question whether in the 'present case the proper ties were acquired by the appellant under the compromise in virtue of a pre existing right or they were acquired for the first time as a grant owing its origin to the compromise alone and to nothing else. Now	 let us consider how the properties in question came to be acquired by the appellant under the compromise. The appellant claimed maintenance out of the joint family properties in the hands of the respondent who was her deceased husband 's brother. The claim was decreed in favour of the appellant and in execution of the decree for mainte nance	 the compromise was arrived at between the parties allotting the properties in question to the appellant for her maintenance and giving her limited interest in such properties. Since the properties were allotted to the appel lant in lieu of her claim for maintenance	 it becomes neces sary to consider the nature of the right which a Hindu widow has to be maintained out of joint family estate. It is settled law that a widow is entitled to maintenance out of her deceased husband 's estate	 irrespective whether that estate may be in the hands of his male issue or it may be in the hands of his coparceners. The joint family estate in which her deceased husband had a share is liable for her maintenance and she has a right to be maintained out of the joint family properties and though	 as pointed out by this Court in Rant Bai vs Shri Yadunanden Ram	(1) her claim for maintenance is not a charge upon any joint family property until she has got her maintenance determined and made a specific charge either by agreement or a decree or order of a court	 her right is "not liable to be defeated except by transfer to a bona fide purchaser for value without notice of her claim or even with notice of the claim unless the transfer was made with the intention of defeating her right". The widow can for the purpose of her maintenance follow the joint family property "into the hands of any one who takes it as a volunteer or with notice of her having set up a claim for maintenance". The courts have even gone to the length of taking the view that where a widow is in possession of any specific property for the purpose of her maintenance	 a purchaser buying with notice of her claim is not entitled to possession of that property without first securing proper maintenance for her	 vide Rachawa & Ors. vs Shivayanappa (2) cited with approval in Ranibai 's case (supra). It is	 therefore	 clear (1) ; (2) I.L.R. 273 that under the Sastric Hindu Law a widow has a right to be maintained out of joint family property and this right would ripen into a charge if the widow takes the necessary steps for having her maintenance ascertained and specifically Charged in the joint family property and even .if no specif ic charge i.s created	 this right would be enforceable against joint family property in the hands of a volunteer or a purchaser taking it with notice of her claim. The right of the widow to be maintained is of course not a ]us in rein	 since it does not give her any interest in the joint family property but it is certainly jus ad rem	 i.e.	 a right against the joint family property. Therefore	 when specific property is allotted to the widow in lieu of her claim for maintenance	 the allotment would be in satisfac tion of her jus ad rem	 namely	 the right to be main tained out of the joint family property. It would not be a grant for the first time without any pre existing right in the widow. The widow would 'be getting the property in virtue of her pre existing right	 the instrument giving the property being merely a document effectuating such pre existing right and not making a grant of the property to her for the first time without any antecedent right or title. There is also another consideration which is very relevant to this issue and it is that	 even if the instrument were silent as to the nature of the interest given to the widow in the property and did not	 in so many terms	 prescribe that she would have a limited interest	 she would have no more than a limited interest in the property under the Hindu law as it stood prior to the enactment of the Act and hence a provision in the instrument prescribing that she would have only a limited interest in the property would be	 to quote the words of this Court in Nirmal Chand 's case (supra)	 "merely recording the true legal position" and that would not attract the applicability of sub section (2) but would be governed by sub section (1) of section 14. The conclusion is	 therefore	 inescapable that where proper ty is allotted to a widow under an instrument	 decree	 order or award prescribes a restricted estate for her in the property and sub section (2) of section 14 would have no application in such a case. We find that there are several High Courts which have taken the same view which we are taking in the present case. We may mention only a few of those decisions	 namely	 B.B. Patil vs Gangabai(1)	 Sumeshwar Misra vs Swami Nath Tiwari	(2) Reddayya vs Varapula Venkataraju	(3) Lakshmi Devi vs Shankar Jha (4) N. Venkanegouda vs Hanemangouda	(5) Smt. Sharbati Devi vs Pt. Hiralal	(6) Sesadhar Chandra Dev vs Smt. Tara Sundari Dasi	(7) Saraswathi Ammal vs Anantha Shenoi (8) and Kunji Thomman vs Meenakshi(9). It is (1) A.I.R. (1972) Bom. 16 (2) A.I.R. (1970) Pat. (3) A.I.R. (1965) A.P. 66 (4) A.I.R. (1967) Mad.429 (5) A.I.R. (1972) Mys. (6) A.I.R. (1964) Pub. (7) A.I.R. (1962) Cal. (8) A.I.R. (1966) Ker. (9) I.L.R. 3 436SCI/77 274 not necessary to refer to these decisions since we have ourselves discussed the question of construction of sub sections (1) and (2) of section 14 on Principle and pointed out what in our view is the correct construction of these provisions. We may only mention that the judgment of Pale kar	 J.	 as he then was	 in B.B. Patii vs Gangabai (supra) is a well reasoned judgment and it has our full approval. The contrary view taken in Gurunadham vs Sundarajulu	(1) Santhanam vs Subramania	(2) section Kachapalava Gurukkal vs I7. Subramania Gurukkal(3)	 Shiva Pujan Rai vs Jamuna Missir	(4) Gopisetti Kondaiah vs Gunda Subbarayudu(5)	 Ram Jag Misir vs The Director Consolidation	 U.p.(6) and Ajab Singh vs Ram Singh (7) does not	 in our opinion	 represent the correct law on the subject and these cases must be held to be wrong ly decided. In the circumstances	 we reach the conclusion that since in the present case the properties in question were acquired by the appellant under the compromise in lieu or satisfac tion of her right of maintenance	 it is sub section (1 ) and not sub section (2) of section 14 which would be applicable and hence the appellant must be deemed to have become full owner of the properties notwithstanding that the compromise prescribed a limited interest for her in his properties. We accordingly allow the appeal	 set aside the judgment and decree of the High Court and restore that of the District Judge	 Nellore. The result is that the suit will stand dismissed but with no order as to costs. FAZAL ALI	 J. This is a defendant 's appeal by special leave against the judgment of the High Court of Andhra Pradesh dated November 22	 1967 and arises in the following circumstances. Venkatasubba Reddy	 husband of appellant No. 1 Vaddebo yina Tulasamma hereinafter to be referred to as 'Tulasam ma ' died in the year 1931 in a state of jointness with his step brother V. Sesha Reddy and left behind Tulasamma as his widow. On October 11	 1944 the appellant Tulasamma filed a petition for maintenance in forma pauperis against the respondent in the Court of the District Munsif	 Nellore. This application was set ex parte on January 13	 1945 bug subsequently the petition.was registered as a suit and an ex parte decree was passed against the respondent on June 29	 1946. On October 1	 1946 the respondent filled an interlocutory application for recording a compromise alleged to have been arrived at between the parties out of Court on April 9	 1945. The appellant Tulasamma opposed this application which was ultimately dismissed on October 16	 1946. An appeal filed by the respondent to the District Judge	Nellore was also dismissed. Thereafter Tulasamma put the decree in (1) I.L.R. (2) I.L.R. (3) A.I.R. (1972) Mad. (4) I.L.R. (1947) Pat. (5) I.L.R. (6) (7) A.I.R. (1969) J & K 92. 275 execution and at the execution stage the parties appear to have arrived at a settlement out of Court which was certi fied by the Executing Court on July 30	 2949 under O. XXI r. 2 of the Code of Civil Procedure. Under the compromise the appellant Tulasamma was allotted the Schedule properties	 but was to enjoy only a limited interest therein with no power of alienation at all. According to the terms of the compromise the properties were to revert to the plaintiff after the death of Tulasamma. Subsequently Tulasamma con tinued to remain in possession of the properties even after coming into force of the Hindu Succession Act	 1956 here inafter to be referred to as. 'the 1956 Act	 or 'the Act of 1956 '. By two registered deeds dated April 12	 1960 and May 26	 1961	 the appellant leased out some of the proper ties to defendants 2 & 3 by the first deed and sold some of the properties to defendant 4 by the second 'deed. The plaintiff/respondent filed a suit on July 31	 1961 before the District Munsiff	 Nellore for a declaration that the alienation made by the widow Tulasamma were not binding on the plaintiff and could remain valid only till the life time of the widow. The basis of the action filed by the plain tiff was that as the appellant Tulasamma had got a restrict ed estate only under the terms of the compromise her inter est could not be enlarged into an absolute interest by the provisions of the 1956 Act in view of section 14(2) of the said Act. The suit was contested by the appellant Tulasamma who denied the allegations made in the plaint and averred that by virtue of the provisions of the 1956 Act she had become the full owner of the properties with absolute right of alienation and the respondent had no locus standi to file the present suit. The learned Munsiff decreed the suit of the plaintiff holding that the appellant Tulasamma got merely a limited interest in the properties which could be enjoyed during her lifetime and that the alienations were not binding on the reversioner. Tulasamma then filed an appeal before the District Judge Nellore	 who reversed the finding of the Trial Court	 allowed the appeal and dismissed the plaintiff 's suit holding that the appellant Tulasamma had acquired an absolute interest in the properties by virtue of the provisions of the 1956 Act. The learned Judge further held that sub section (2) of section 14 had no applica tion to the present case	 because the compromise was an instrument in recognition of a pre existing right. The plaintiff/respondent went up in second appeal to the High Court against the judgment of the District Judge. The plea of the plaintiff/respondent appears to have found favour with the High Court which held that the case of the appel lant was clearly covered by section 14(2) of the Hindu Succes sion Act and as the compromise was an instrument as contem plated by section 14(2) of the 1956 Act Tulasamma could not get an absolute interest under section 14(1) of the Act. The High Court further held ' that by virtue of the compromise the appellant Tulasamma got title to the properties for the first time and it was not a question of recognising a pre existing right which she had none in view of the fact that her husband had died even before the Hindu Women 's Right to Property Act	 1937. We might further add that the facts. narrated above have not been disputed by counsel for the parties. The appeal has been argued only on the substantial questions of law which turn. upon the interpretation of sub sections (1) & (2) of section 14 276 of the . It is common ground that in this case as also in the. other connected appeals	 the properties in suit were allotted under a compromise or an instrument in lieu of maintenance. It is also admitted that the appellant Tulasamma was in possession of the properties at the time when the 1956 Act came into force. Finally it is also not disputed that the compromise did purport to confer only a limited interest on the widow restricting completely her power of alienation. We have now to apply the law on the facts mentioned above. Similar points were involved in the other two appeals Nos. 135 of 1973 and 126 of 1972. We have heard all the	 three appeals together and in all these appeals counsel for the parties have confined their argu ments only to the questions of law without disputing the findings of fact arrived at by the Courts below. Thus the two points that fall for determination in this appeal may be stated thus: .lm18 (1) whether the instrument of compromise under which the properties were given to the appellant Tulasamma before the 1956 Act in lieu of maintenance falls within section 14(1) or is covered by section 14(2) of the 1956	 Act and (2) Whether a Hindu widow has a right to property in lieu of her maintenance	 and if such a right is conferred on her subsequently by way of maintenance it would amount to mere recognition of a preex isting right or a conferment of new title so as to fall squarely within section 14(2) of the 1956 Act. There appears to be serious divergence of judicial opinion on the subject and the High Courts have taken con trary views on this point. Some High Courts	 particularly	 Bombay	 Punjab	 Calcutta and Patna have veered round to the view that a right of maintenance claimed by a Hindu widow is a pre existing right and any instrument or document or transaction by which the properties are allotted to the widow in lieu of her maintenance would only be recognition of a pre existing right and would not confer any new title on the window. Following this line of reasoning the afore said High Courts have held that the properties allotted to the Hindu widow even though they conferred a limited inter est would fall clearly within the ambit of section 14(1) of the 1956 Act by virtue of which the limited interest would be enlarged into an absolute interest on the coming into force of the 1956 Act. On the other hand the Orissa	 Allahabad	 Madras and Andhra Pradesh High Courts have taken a contrary view and have held that as the Hindu widow 's right to maintenance is not a right to property	 property allotted to her in lieu of maintenance confers on her a right or title to the property for the first time and therefore such Conferment is protected by section 14(2) of the 1956 Act and is not covered by section 14(1). Unfortunately	 however	 there is no decision of this Court which is directly in point	 though there are some decisions which tend to support the view taken by the Bombay High Court. 277 Before	 however	 resolving this important dispute it may be necessary to consider the real legal nature of the incident of a Hindu widow 's right to maintenance. In order to determine this factor we have to look to the concept of a Hindu marriage. Under the Shastric Hindu Law	 a marriage	 unlike a marriage under the Mohammadan Law which is purely contractual in nature	 is a sacrament a religious ceremony which results in a sacred and a holy union of man and wife by virtue of which the wife is completely transplanted in the household of her husband and takes a new birth as a partner of her husband becoming a part and parcel of the body of the husband. To a Hindu wife her husband is her God and her life becomes one of selfless service and unstinted devotion and profound dedication to her husband. She not only shares the life and love the joys and sorrows	 the troubles and tribulations of her husband but becomes an integral part of her husband 's life and activities. Cole brooke in his book 'Digest of Hindu Law ' Vol. II de scribes the status of wife at p. 158 thus: "A wife is considered as half the body of her husband	 equally sharing the fruit of pure and impure acts; whether she ascend "the pile after him	 or survive for the benefit of her husband	 she is a faithful wife. " This being the position after marriage	 it is manifest that the law enjoins a corresponding duty on the husband to maintain his wife and look after her comforts and to provide her food and raiments. It is well settled that under the Hindu!Law the husband has got a personal obligation to maintain his wife and if he is possessed of properties then his wife is entitled as of right to be maintained out of such properties. The claim of a Hindu widow to be main tained is not an empty formality which is to be exercised as a matter of concession or indulgence	 grace or gratis or generosity but is a valuable spiritual and moral right which flows from the spiritual and temporal relationship of the husband an wife. As the wife is in a sense a part of the body of her husband	 she becomes co owner of the property of her husband though in a subordinate sense. Although the right of maintenance does not per se create a legal charge on the property of her husband	 yet the wife can enforce this right by moving the Court for passing a decree for maintenance by creating a charge. This right is available only so long as the wife continues to be chaste. Thus the position is that the right of maintenance may amount to a legal charge if such a charge is created either by an agree ment between the parties or by decree. There are a number of authorities which have taken the view that even if the property is transferred and the trans feree takes the property with notice of the right of the widow to be maintained out of the property	 the purchaser takes the obligation to maintain the widow out of the property purchased and the wife or widow can follow the property in the hands of the purchaser for the limited purpose of her maintenance. We shall	 however	 deal with these authorities a little later. 278 Colebrooke in his 'Digest of Hindu Law Vol. 1I	 quotes the. Mahabharata at p. 121 thus: "Where females are honoured	 there the deities are pleased; but where they are unhonoured	 there all religious acts become fruitless. " This clearly illustrates the high position which is bestowed on Hindu women by the Shastric Law. Again Colebrooke in his book Vol. II at p. 123	 while describing the circumstances under which the maintenance is to be given to the wife	 quotes Manu thus: "MANU : Should a man have business abroad	 let him assure a fit maintenance to his wife	 and then reside for a time in a foreign country; since a wife	 even though virtuous	 may be tempted to act amiss	 if she be distressed by want of subsistence: While her husband	 having settled her maintenance	 resides abroad	 let her continue firm in religious austerities; but if he leave no support	 let her subsist by spinning an other blameless articles" This extract clearly shows that there is a legal obligation on the part of the husband to make arrangements for his wife 's due maintenance even if he goes abroad for business purposes. Colebrooke again quotes Yajnawalkya at p. 243 of his book Vol. thus: "When the father makes an equal partition among his sons	 his wives must have equal shares with them	 if they have received no wealth either from their lord or from his father. If he makes an equal partition among his sons by his own choice	 he must give equal shares to such of his wives also as have no male issue. " This shows that when a partition is effected	 the Hindu Law enjoins that the wife must get an equal share with the sons	 thus reinforcing the important character of the right of maintenance which a Hindu wife or widow possesses under the Hindu Law. Similarly Gopalchandra Sarkar Sastri dealing with the nature and incidents of the Hindu widow 's right to mainte nance observes in his treatise 'Hindu Law ' at p. 533 thus: "When the husband is alive	 he is per sonally liable for the wife 's maintenance	 which is also a legal charge upon his proper ty	 this charge being a legal incident of her marital co ownership in all her husband 's property . But after his death	 his widow 's right of maintenance becomes limited to his estate	 which	 when it passes to any other heir	 is charged with the same . . There cannot be any doubt that under Hindu law the wife 's or widow 's maintenance is a legal charge on the husband 's estate; but the Courts appear to hold	 279 in consequence of the proper materials not being placed before them	 that it is not so by itself	 but is merely a claim against the husband 's heir	 or an equitable charge on his estate; hence the husband 's debts are held to have priority	 unless it is made a charge on the property by a decree. " The view of the author appears to be that the Courts hold that the right of maintenance of a widow does not amount to a legal charge and this is so because proper materials were not placed before the Courts. In other words	 the author seems to indicate that the original Hindu Law contained clear provisions that the right of! maintenance amounts to a charge on the property of her husband and the obligation runs; with the property so that any person who inherits the property also takes upon the obligation to maintain the widow. Sastri quotes from the original texts various ex tracts regarding the nature and extent of the right of maintenance of the Hindu women some of which may be extract ed thus: "The support of the group of persons who should be maintained	 is the approved means of attaining heaven	 but hell is the man 's portion if they suffer; therefore he should carefully maintain them. The father	 the mother	 the Guru (an elderly relation worthy of respect)	 a wife	 an offspring	 poor dependants	 a guest	 and a religious mendicant are declared to be the group of persons who are to be maintained. Manu	 cited in Srikrishna 's commentary on the Dayabhaga	 ii	 23. It is declared by Manu that the aged mother and father	 the chaste wife	 and an infant child must be maintained even by doing a hundred misdeeds	 Manu cited in the Mitak ' shara while dealing with gifts. " The last extract dearly shows the imperative nature of the duty imposed on the owner of the property to maintain wife	 aged mother	 father etc. even at the cost of perpetrating a hundred misdeeds. Similarly Sastri in his book quotes Yajnaval kya at p. 523 thus: "Property other than what is required for the maintenance of the family may be given. " The learned author highlights the importance of the right maintenance as being a charge on the property of the husband and observes as follows: "The ancestral immovable property is the hereditary source of maintenance of the mem bers of the family	 and the same is charged with the liability of supporting its members	 all of whom acquire a right to	 such property from the moment they become members of the family	 by virtue of which they are at least entitled to maintenance out of the same. Such 280 property cannot be sold or given away except for the support of the family; a small portion of the same may be alienated	 if not incompat ible with the support of the family. There is no difference between the two schools as regards the view that the ances tral property is charged with the maintenance of the members of the family	 and that no alienation can be made	 which will prejudi cially affect the support of the group of persons who ought to be maintained. Hence heirs are bound to maintain those whom the last holder was bound to maintain. " The author further points out that under the Mitakshara law the daughter in law does	 with her husband	 acquire a right to the ancestral property	 since her marriage	 but she becomes her husband 's co owner in a subordinate sense	 and the principal legal incident of this ownership is the right to maintenance	 which cannot be defeated by gift or devise made by the holder of such property. Similar observations have been made by the learned author at p. 528 of the book which may be extracted thus: "According to both the schools	 the lawfully wedded wife acquires from the moment of her marriage a right to the property be longing to the husband at the	 time and also to any property that may subsequently be acquired by him	 so that she becomes a co owner of the husband	 though her right is not co equal to that of the husband	 but a subor dinate one	 owing to her disability founded on her status of perpetual or life long tutelege or dependence. . . . . . . This right of the wife to maintenance from her husband is not lost even if the husband renounce Hinduism. This right subsists even after the husband 's death although her husband 's right as distinguished from hers may pass by suvi vorship or by succession to sons or even to collaterals; these simply step into the posi tion of her husband	 and she is required by Hindu law to live under their guardianship after her husband 's death. " Finally it is pointed out by the learned author at p. 529 of the Book that the right which a woman acquires to her husband 's property subsists even after his death and ob served thus: "According to both the schools	 the right which a woman acquires to her husband 's property subsists after his death	 whether his interest passes by succession or by survivor ship to the male issue or any other person	 and that this right does not depend upon the widow 's not possessing other means of support. " 281 Summarising the nature of the liability of the husband to maintain his wife	 the learned author observed as follows at p. 533 of his Book: "When the husband is alive	 he is person ally liable for the wife 's maintenance	 which is also a legal charge upon his property	 this charge being a legal incident of her marital co ownership in all her husband 's property . . But after 'his death	 his widow 's right of maintenance becomes limited to his estate	 which	 when it passes to any other heir	 is charged with the same . . There cannot be any doubt that under Hindu law the wife 's or widow 's maintenance is a legal charge on the hus band 's estate; but the Courts appear to hold	 in consequence of the proper materials not being placed before them	 that it is not so by itself	 but is merely a claim against the husband 's heir	 or an equitable charge on his estate; hence the husband 's debts are held to have priority	 unless it is made a charge on the property by a decree. " To sump up	 therefore	 according to. Sastri 's interpre tation of Shastric Hindu Law the right to maintenance possessed by a Hindu widow is a very important right which amounts. to a charge on the property of her husband which continues to the successor of the property and the wife is regarded as a sort of co owner of the husband 's property though in a subordinate sense	 i.e. the wife has no dominion over the property. Similarly Mayne in his "Treatise on Hindu Law & Usage"	 11th Edn.	 has traced the history and origin of the right of maintenance of a Hindu woman which according to him arises from the theory of an undivided family where the head of the family	 is .bound to maintain the members including their wives and their children. The learned author observes thus: (p. 813). "The importance and extent of the right of maintenance necessarily arises from the theory of an undivided family. The head of such a family is bound to maintain its mem bers	 their wives and their children	 to perform their ceremonies and to defray the expenses of their marriages;" Again at p. 816 para 684 the author stresses the fact that the maintenance of a wife is a matter of personal obligation on the part of the husband and observes thus: "The maintenance of a wife	 aged parents and a minor son is a matter of personal obli gation arising from the very existence of the relationship and quite independent of the possession of any property	 ancestral or acquired . . 'It is declared by Manu that the aged mother and father	 the chaste wife and an infant child must be maintained even by doing a hundred misdeeds. " 282 Again it has been observed at p. 818 para 687: "The maintenance of a wife by her hus band is	 of course	 a matter of personal obligation.	 which attaches from the moment of marriage." The author points out at p. 821 paragraph 689 that even after the coming into force of the Hindu Women 's Right to Property Act	 1937 which confers upon the widow a right of succession in respect of the non agricultural property	 she is still entitled to maintenance from the family property. The author observes thus: "It cannot	 therefore	 be said that the reason of the right has ceased to exist and the right is gone. It was accordingly held that the widow of a deceased coparcener is still entitled to maintenance notwithstanding her right under the Act to a share in. the non agricultural part of the family estate. " Furthermore	 the author cites the passage of Narada cited in Smriti Chandrika regarding which there is no dispute. The saying runs thus: "Whichever wife (patni) becomes a widow and ' continues virtuous	 she is entitled to be provided with food and raiment. " At p. 822 para 690 the author points out that the right of a widow to be maintained is taken over even by the heirs of the husband who succeed to his property either by inheri tance or by survivorship. In this connection the following observations are made: "She is entitled to be maintained where her husband 's separate property is taken by his male issue. Where	 at the time of his death	 he was a coparcener she is entitled to maintenance as against those who take her husband 's share by survivorship." The Hindu law is so jealous in guarding the interests . of Hindu women that the obligation for maintaining the Hindu women falls even on the King when he takes the estate by escheat or by forfeiture. Similarly Mulla in his book "Hindu Law"	 14th Edn.	 describes the incidents and characteristics of Hindu wife 's right to maintenance and observes thus at p. 597: "A wife is entitled to be maintained by her husband	 whether he possesses property or not. When a man with his eyes open marries a girl accustomed to a certain style of liv ing	 he undertakes the obligation of maintain ing her in that style. The maintenance of a wife by her husband is a matter of personal obligation arising from the very existence of the relationship	 and quite independent of the possession by the husband of any property	 ancestral or self acquired. " 283 We might further mention that the Hindu wom en 's right to maintenance finally received statutory recognition and the entire law on the subject was consolidated and codified by the Hindu Married Women 's Right to Separate Maintenance and Residence Act	 1946 hereinaf ter to be referred to as 'the Act of 1946 ' which came into force on April 23	 1946. Thus there appears to be complete unanimity of the various schools of Hindu law on the important incidents and indicia of the Hindu women 's right to maintenance which has now received statutory recognition and which only shows that the right to maintenance though not an indefeasible right to property is undoubtedly a pre existing right. We shall now refer to some of the authorities which have dealt with this aspect of the matter. In Narayan Rao Ramchandra Pant vs Ramabai(1)	 the Judicial Committee pointed out that the widow 's right to maintenance arises from the common law which developed from time to time. justice West of the Bombay High Court appears to have entered into a very elaborate discussion of the entire law on the subject in Lakshman Ramchandra Joshi and Anr. vs Satyabhamabai(2) and observed as follows: "These several authorities	 no doubt	 afford	 in combination	 a strong support to the proposition that a widow 's maintenance	 especially as against the sons	 the a charge on the estate	 a right in re in the fullest sense adhering to the property	 into whatever hands it may pass. " These observations were reiterated in a later case in Narba dabai vs Mahadeo Narayan	 Kashinath Narayan and Shamabai(3). The observations of West J.	 in Lakshman Ramchandra Joshi and Anr 's case (supra) were fully approved by the Judicial Committee in Mst. Dan Kuer vs Mst. Sarla Devi(4)	 where it was observed: "But	 apart from this circumstance	 the judgment of West J.	 whose dissertations on Hindu Law must always command great esteem	 contains an exposition of the law on this point	 and the case is therefore rightly regarded as a leading authority on the ques tion. In the course of his judgment that learned judge quotes with approval the remarks of Phear J.	 in Srimati Bhagabati vs Kanailal Mitter (1872) 8 Ben. L.R. 225 that "as against one who has taken the property as heir	 the widow has a right to have a proper sum for her maintenance ascertained and made a charge on the property in his hands. She may also	 doubtless	 follow the property for this purpose into the hands of anyone who. takes it as a volunteer	 or with notice of her having set up a claim for maintenance against the heir" and that "when the property (1) L.R. 6 I.A. 114. (2) I.L.R. (3) I.L.R. (4) L.R. 73 I.A. 208. 284 passed into the hands of a bona ' fide purchaser without notice	 it cannot be affected by anything short of an already existing proprietary right; it cannot be subject to that which is not already a specif ic charge	 or which does not contain all the elements necessary for its ripening into a specific charge. " Summarising the entire position the Privy Council enunci ated the law thus: "The true rule of Hindu law in such matters would appear to be as follows: Two	 obliga tions confront a joint Hindu family. (1) The obligation to pay the debts (for instance	 of the father) binding on the family; and (2) the moral obligation "to provide maintenance to the widows of the family. " 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. This Court also has made similar observations in a large number of cases regarding the nature and extent of the Hindu women 's right to maintenance. In Rani Bai vs Shri Yadunandan Ram & Artr (2) this Court	 while dealing with a situation where a widow claimed the right of maintenance but refused to hand over possession of the property until she secured her proper maintenance	 observed as follows: .lm 15 "It cannot be disputed that the appel lant who is the widow of a pre deceased son of Jangi Jogi was entitled to receive main tenance so long as she did not to marry out of the estate of her father in law. Although her claim for maintenance was not a charge upon the estate until it had been fixed and specifically charged thereupon her right was not liable to be defeated except by transfer to a bona fide purchaser for value without notice of a claim or even with notice of a claim unless the transfer was made with the intention of defeating her right. The courts in India have taken the view that where a widow is in possession of a specific proper ty for the purpose of her maintenance a pur chaser buying with notice of her claim is not entitled to (1) L.R. 63 1.A. 33. (2) ; 285 possession of that property without first securing proper maintenance for her: [vide Rachawa & others vs Shivayogappa I. . In the present case it is difficult to understand how the appellant could be deprived of the possession of proper ties by a trespasser. Moreover she was presum ably in possession of these properties in lieu of her right of maintenance and could not be deprived of them even by Jugli Bai without first securing proper maintenance for her out of the aforesaid properties. " In Sheo Dyal Tewaree vs Judoonath Tewaree	 (1) the Calcutta High Court stressed the fact that although the widow may not be the owner of a share but she had a pre existing right of maintenance. Elucidating the nature and extent of a right of a Hindu wife to maintenance	 the Calcutta High Court pointed out in Srinath Das vs Probodh Chunder Das(2) that the right of maintenance is really identified with the husband 's property right though of a subordinate nature. In Hemangini Dasi vs Kedarnath Kundu Chowdhury(3) the Privy Council held that if the estate remained joint and undivided the maintenance of the mother remained a charge on the whole estate and that any share that the widow took in the property which was equal to the share of a son was really in lieu of maintenance for which the estate was liable. The position has been very succinctly stated and meticu lously analysed by a decision of the Madras High Court in K.V. Thangavelu vs The Court of Wards	 Madras	(4) where	 dealing with the entire history of the matter and relying on various original texts of the Hindu jurists	 the Madras High Court pointed out that a cogent ground for preferring the widow 's claim is to be found in her qualified or subordinate co ownership in the husband 's property declared by the Mitakshara. The Court referred to verse 52 of Vyavaharad haya (chapter II) where the Mitakshara refers to Apastam ba 's Dharmasutra as follows: "From marriage arises also jointness (sahatwam) in the holding of property (dravya paragraphestiu)." In an earlier case Sarojinidevi vs Subrahmanyam	(5) the Madras High Court held that even after the coming into force of the Hindu Women 's Right to Property Act	 1937	 which did not apply to agricultural lands	 the right of the Hindu widow to maintenance stood in tact and the widow was enti tled to maintenance notwithstanding her right under the Act to a share in the non agricultural part of the family es tate. To the same effect is an earlier decision (1) (2) 11 C.L.J. 580. (3) I.L.R. (4) (5) I.L.R. 286 of the Madras High Court in Jayanti Subbiah vs Alamelu Mangamma( ') where the High Court pointed out that under the Hindu Law the maintenance of a wife by her husband is a matter of personal obligation arising from the very exist ence of her relationship and quite independent of the pos session by the husband of any property ancestral or self acquired. We fully agree with this exposition of the law which is supported by a large number of authorities as discussed above. In Yella 'wa vs Bhimangavda(2)	 the Bombay High Court was of the view that even the heir of the husband 's property could not be allowed to recover possession from the widow without first making proper arrangements for her mainte nance. This case was approved by this Court in Rani Bags case (supra). Thus on a careful consideration and detailed analysis of the authorities mentioned above and the Shastric Hindu Law on the subject	 the following propositions emerge with respect to the incidents and characteristics of a Hindu woman 's right to maintenance: (1) that a Hindu woman 's right to maintenance is a personal obligation so far as the husband is ' concerned	 and it is his duty to maintain her even if he has no property. If the hus band has property then the right of the widow to maintenance becomes an equitable charge on his property and any person who succeeds to the property carries with it the legal obliga tion to maintain the widow; (2) though the widow 's right to maintenance is not a right to property but it is undoubtedly pre existing right in property	 i.e. it is a jus ad rem not jus in rem and it can be en forced by the widow who can get a charge created for her maintenance on the property either by an agreement or by obtaining a decree from the civil court; (3) that the right of maintenance is a matter of moment and is of such importance that even if the joint property is sold and the purchas er has notice of the widow 's right to mainte nance	 the purchaser is legally bound to provide for her maintenance; (4) that the right to maintenance is undoubt edly a preexisting right which existed in the Hindu Law long before the passing of the Act of 1937 or the Act of 1946	 and is	 therefore	 a pre existing right; (5) that the right to maintenance flows from the social and temporal relationship between the husband and the wife by virtue of which the wife becomes a sort I.L.R. (2) I.L.R. 287 of co owner in the property of her husband	 though her co ownership is of a subordinate nature; and (6)that where a Hindu widow is in possession of the property of her husband	 she is enti tled to retain the possession in lieu of her maintenance unless the person who succeeds to the property or purchases the same is in a position to make due arrangements for her maintenance. With this preface regarding a Hindu woman 's right to maintenance and the necessary concomitants and incidents of those rights	 we now proceed to determine the question of law that arises for consideration in this appeal. Before taking up that question	 I might trace the historical growth of the legislation introducing slow and gradual changes in the Shastric Hindu from time to time. The exact origin of Hindu Law is steeped and shrouded in antiquity and	 therefore	 it is not possible to determine the ethics or Justification for assigning a somewhat subordinate position to a Hindu woman in matters of inheritance	 marriage and the nature of the limited interest which she took even after inheriting her husband 's property. It is also strange that the Hindu Law made no provision for divorce at all. This may be due to 'the fact that during the time of Manu and Yajnav alkya the structure of the Hindu society was quite different 'and there being no social problem of the magnitude that we have today	 it was not considered necessary to break up the integrity and solidarity of a Hindu family by allowing ownership rights to the Hindu females. Another object may have been to .retain the family property within the family in order to consolidate the gains which a particular family may have made. However	 these are matters of speculation. But one thing is dear	 namely	 that the Hindu jurists were very particular in making stringent provisions safeguarding the maintenance of the Hindu females either by the husband or even by his heirs after his death. Perhaps they thought that the property which a widow may receive in lieu of maintenance or the expenses which may be incurred for her maintenance would be a good substitute for the share which she might inherit in her husband 's property. Nevertheless	 the Legislature appears to have stepped in from time to time to soften the rigours of the personal law of Hindus by adding new heirs	 conferring new rights on Hindu females and making express provisions for adoption	 maintenance etc. It appears that the question of conferring absolute interest on the Hindu female had engaged the attention of the Legisla ture ever since 1941 but the idea took a tangible shape only in 1954 when the Hindu Succession Bill was introduced and eventually passed in 1956. This Bill was preceded by a Hindu Code Committee headed by Mr. B. N. Rau who had made a number of recommendations which formed the basis of the 1956 Act. After the attainment of independence	 the entire per spective changed	 the nature of old human values assumed a new complexion and the need for emancipation of womanhood from feudal bondage became all the more imperative. Under the strain and stress of 288 socio economic conditions and a continuous agitation by the female Hindus for enlargement of their rights a new look to the rights of women as provided by the Shastric Hindu Law had to be given. In pursuance of these social pressures	 it was necessary to set up a new social order where the women should be given a place of honour and equality with the male sex in every other respect. This was the prime need of the hour and the temper of the times dictated the imperative necessity of making revolutionary changes in the Hindu Law in order to abolish the invidious distinction in matters of inheritance between a male and a female. Similarly it was realised that there should be express provision for divorce on certain specified grounds inasmuch as the absence of such a provision had perpetrated a serious injustice to the Hindu females for a long time. It seems to me that it was with this object in view that the Legislature of our free country thought it as its primary duty to bring forth legis lation to remove the dangerous anomalies appearing in the Hindu Law. Even during the British times	 there were certain legislation modifying certain provisions of the Hindu Law	 e.g.	 the Hindu Law Inheritance Act which added a few more heirs including some females; the Hindu Women 's Right to Property Act	 1937	 which provided that on partition a widow would be entitled to the same share as the sons in the property of her husband. The Act of 1937	 while giving a share to the wife on partition had not disturbed her right to claim maintenance which was preserved in tact and al though she was not permitted to sue for partition she was undoubtedly entiled to sue for maintenance without having recourse to the remedy of partition. After independence the Parliament passed the Hindu Minority and Guardianship Act	 1956; the ; the Hindu Marriage Act	 1956 which regulated the law of marriage and divorce and ultimately the which provided for intestate succession. The Hindu Succes sion Act	 1956 was	 therefore	 undoubtedly a piece of social legislation which fulfilled a long felt need of the nation and was widely acclaimed by the entire people as would appear from the debates which preceded the passing of the Act. It is in the light of these circumstances that we have now to interpret the provisions of section 14(1) & (2) of the Act of 1956. Section 14 of the 1956 Act runs thus: "14. (1) 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. Explanation. In this Sub section	 "property" includes both movable and immovable property acquired by a female Hindu by inheri tance 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 289 or by prescription	 or in any other manner whatsoever	 and also any such property held by her as stridhana immediately before the com mencement of this Act. (2) Nothing contained in sub section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift	 will or other instrument or the decree	 order or award prescribe a restricted estate in such property." This Court has interpreted the scope and ambit of section 14(1) and the Explanation thereto on several occasions and has pointed out that the object of the legislation was to make revolutionary and far reaching changes in the entire struc ture of the Hindu society. The word "possessed" used in section 14(1) has also been interpreted by this Court and it has been held that the word has been used in a very wide sense so as to include the st.ate of owning or having the property in one 's power and it is not necessary for the application of section 14 (1) that a Hindu woman should be in actual or physical possession of the property. It is sufficient if she has a right to the property and the said property is in her power or domain. In S.S. Munnalal vs S.S. Rajkumar (1) it was held that mere declaration of the share of the widow passed only an of her share under a preliminary decree would fall within the ambit of section 14(1) and even though the widow did not get actual possession of the property until a final decree is passed she would in law be deemed to be in posses sion of the property. In that case	 the High Court had held that mere declaration of the share of the widow passed only an inchoate interest to her and she never came to possess the share within the meaning of section 14 of the Act and there fore the property remained joint family property. This Court reversed the judgment of the High Court holding that once a preliminary decree was passed in favour of the widow granting her a share in the property she must be deemed to be in possession of the property in question. Their Lordships emphasised that the words "possessed by" used in section 14(1) clearly indicated that such a situation was envis aged by the Legislature. White interpreting the provisions of section 14 the Court also pointed out that the 1956 Act was a codifying enactment which had made far reaching changes in the structure of the Hindu society and the object was to sweep away traditional limitations placed on the rights of the Hindu women. In this connection	 the Court observed as follows: "The Act is a codifying enactment	 and has made farreaching changes .in the structure of the Hindu law of inheritance	 and succes sion. The Act confers upon Hindu females full rights of inheritance	 and sweeps away the traditional limitations on her powers of dispositions which were regarded under the Hindu law as inherent in her estate . . Normally a right declared in an estate by a preliminary decree would be regarded as property	 and there is nothing in the context in which section 14 occurs or in the phraseology (1) [1962] Supp. 3 S.C.R. 418. 4 436 SCI/77 290 used by the Legislature to warrant the view that such a right declared in relation to the estate of a joint family in favour of a Hindu widow is not property within the meaning of section 14. In the light of the scheme of the Act and its evolved purpose it would be difficult	 without doing violence to the language used in the enactment	 to assume that a right declared in property in favour of a person under a decree for partition is not a right to proper ty. If under a preliminary decree the right in favour of a Hindu male be regarded a.s property the right declared in favour of a Hindu female must also be regarded as proper ty. Earlier the Court observed in that very case as under: "By section 14 (1) the Legislature sought to convert the interest of a Hindu female which under the Sastric Hindu law would have been regarded as a limited interest into an abso lute interest 'and by the explanation thereto gave to the expression "property" the widest connotation. The expression includes property acquired by a Hindu female 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 or by prescription	 or in any other manner what soever. By section 14(1) manifestly it is intended to convert the interest which a Hindu female has in property however restricted "the nature of that interest under the Sastric Hindu law may be into absolute estate. " The matter was again considered by this Court in Eramma vs Verrupanna (1) where it was held that before a widow can get absolute interest under section 14(1) she must have some vestige of title	 i.e. her possession must be under some title or right and not be that of a rank trespasser. In this connection the Court observed as follows: "The property possessed by a female Hindu	 as contemplated in the section	 is clearly property to which she has acquired some kind of title whether before or 'after the com mencement of the Act. It may be noticed that the Explanation to section 14(1 ) sets out the various modes of acquisition of the property by a female Hindu and indicates that the section applies only to property to which the female Hindu has acquired some kind of title however	 restricted the nature of her interest may be . . It does not in any way confer a title on the female Hindu where she did not in fact possess any vestige of title. It follows	 therefore	 that the section cannot be interpreted so as to validate the illegal possession of a female Hindu and it does not confer any title on a mere trespasser. In other words	 the provisions of section 14( 1 ) of the Act cannot be attracted in the case of . a Hindu female who is in possession of the property of the last (1) 291 male holder on the date of the commencement of the Act when she is only a trespasser without any right to property. " In Mangal Singh vs Smt. Ratno (1) a widow came into posses sion of her husband 's property in 1917 and continued to be in possession of the same till 1954 when she was dispos sessed by a collateral of her husband under the orders of the Revenue authorities. She filed a suit for recovery of possession and during the pendency of the suit the Act of 1956 came into force. This Court upholding the judgment of the High Court held that the dispossession of the widow being illegal	 she must be deemed to be	 in the eye of law	 to continue in possession of the properties and acquired an absolute interest with the coming into force of the Act of 1956. It was not a case where a Hindu female had parted with her right so as to. place herself in a position where she could in no manner exercise her rights in that property any longer when the Act came into force. This Court observed as follows: "It is significant that the Legislature begins section 14(1) with the words "any property possessed by a female Hindu" and not "any property in possession of a female Hindu. " If the expression used had been "in possession of" instead of "possessed by"	 the proper interpretation would probably have been to hold that	 in order to apply this provision	 the property must be such as is either in actual possession of the female Hindu or in her constructive possession. The constructive possession may be through a lessee	 mortga gee	 licensee	 etc. The use of the expression "possessed by" instead of the expression "in possession of"	 in our opinion	 was intended to enlarge the meaning of this expression. It is commonly known in English language that a property is said to be possessed by a person	 if he is its owner	 even though he may	 for the time being	 be out of actual possession or even constructive possession." "It appears to us that the expression used in section 14(1) of the Act was intended to cover cases of possession in law also where lands may have descended to a female Hindu and she has not actually entered into them. It would of course cover. the other cases of actual. or constructive possession. On the language of section 14( 1 )	 therefore	 we hold that this provision will become applicable to any property which is owned by a female Hindu	 even though she is not in actual physical or constructive possession of that property." Again	 while referring to an earlier case	 namely	 Eramma Verrupanna (supra)	 the Court clarified the position thus: "This case also	 thus	 clarifies that the expression "possessed by" is not intended to apply to a case of mere possession without title	 and that the legislature intended this provision for eases where the Hindu female possesses the right of ownership of 'the property in question. Even (1) ; 292 mere physical possession of the property without the right of ownership will not at tract the provisions of this section. This case	 also	 thus	 supports our view that the expression "possessed by" was used in the sense of connoting state of ownership and	 while the Hindu female possesses the right of ownership	 she would become full owner if the other conditions mentioned in the section are fulfilled. The section will	 however	 not apply at all to cases where the Hindu female may have parted with her rights so as to place herself in a position where she could	. in no manner	 exercise her rights of ownership in that property any longer." In Sukhram & Anr. vs Gauri Shanker &. Another(1) the facts Were as follows: Hukam Singh and Sukh Ram were two brothers. Chidda	 the second appellant was the son of Sukh Ram and thus Chidda	 Hukam Singh and Sukh Ram were members of a joint Hindu family governed by the Benares School of Mitakshara Law. Hukam Singh died in 1952 leaving behind his widow Krishna Devi. On December 15	 1956	 Krishna Devi sold half share of the house belonging to the joint family. This sale was challenged by the other members of the joint family on the ground that Krishna Devi had merely a life interest. The question raised .was whether Krishna Devi acquired an abso lute .interest in the properties after coming into force of the . It was argued before this Court that according to the Benaras School	 a male coparcen er was not entitled to alienate even for value his undivided interest in the coparcenary without the consent of other coparceners and	 therefore	 Krishna Devi could not have higher rights than what her husband possessed. This Court	 however	 held that in view of the express words of section 14 of the 1956 Act	 once the widow was possessed of property before or after the commencement of the Act	 she held it as full owner and not as a limited owner and	 therefore	 any restriction placed by Shastric Hindu Law was wiped out by the legislative intent as expressed in the Act of 1956. The Court observed thus: "But the words of section 14 of the are express and explicit; thereby a female Hindu possessed of property whether acquired before or after the commence ment of the Act holds it as full owner and not as a limited owner. The interest to which Krishna 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 right unlimited in point of user and duration and uninhibited in point of disposition." (1) ; 293 This case indirectly supports the view that if the intention of the Legislature was. to confer absolute interest on the widow	 no limitation can be spelt out ' either from the old Shastric Law or otherwise which may be allowed to defeat the intention. This Court went to the extent of holding that the words in section 14(1) are so express and explicit that the widow acquired a right unlimited in point of user	 though a male member governed by .the Benaras school had no power of alienation without the consent of other coparceners. Under the Act the female had higher powers than the male because the words of the statute did not contain any limitation at all. On the parity of reasoning	 therefore	 where once a. property is given to the widow in lieu of maintenance and she enters in_to possession of that property	 no amount of restriction contained in the document can prevent her from acquiring absolute interest in the property because the contractual restriction cannot be higher than the old Hindu Shastric Law or the express words the Act of 1956. In Badri Prashad vs Smt. Kansa Devi(1) the prepositer died in 1947 leaving behind five sons and a widow. Soon after his death disputes arose between the parties and the matter was referred to an arbitrator in 1950. The arbitrator in his award allotted shares to the parties wherein it was stated that the widow would only have widow 's estate in those properties. While .the widow was in possession of the properties	 the Act of 1956 came into force and the question arose whether or not she became full owner of the property or she only had a restricted interest as provided in the grant	 namely	 the award. Court held that although the award had given a restricted estate	 but this was only a narration of the state of law as it existed when the award was made. As the widow	 however	 inherited the property under the Hindu Women 's Right to Property Act	 her interest became absolute with the passing of the Act of 1956 and she squarely fell within the provisions of section 14(1) .of the Act. It was further held that the mere fact that the partition was by means; of an award would not bring the matter within section 14(2) of the Act	 because the interest given to	 the widow was: on the basis of pre existing right and not a new grant for the first time. This Court observed as follows: "The word "acquired" in sub section (1 ) has also to be given the widest possible meaning. This would be. so be cause. of the language of the Explanation which takes sub section (1) applicable to acquisition of property by inheritance or devise or at a partition or in lieu of maintenance or arrears of maintenance or by gift or by a female 's own skill or exertion or by purchase or prescription or in any manner whatsoever. Where at the commencement of the Act a female Hindu has a share in joint properties which are later on partitioned by metes and bounds and she gets ' possession of the properties allotted to her there can be No. manner of doubt that she is not only possessed of that property at the time of the coming into force of the Act but has. also acquired the same before its commencement." (1) ; 294 This Court relied upon two earlier decisions: viz. S.S. Munnalal 's case and Sukhram 's case (supra). This case appears to be nearest to the point which falls. for determi nation in this appeal	 though it does not cover the points argued before us directly. Lastly our attention was. drawn to. an unreported deci sion of this Court in Nirmal Chand vs Vidya. Wanti (dead) by her legal representatives(1) in which case Amin Chand and Lakhmi Chand were the owners of agricultural and non agri cultural properties. The properties were partitioned in the year 1944 and Lakhmi Chand died leaving behind him the appellant and his second wife Subhrai Bai and his daughter by this wife. There was a regular partition between Amin Chand and Subbrai Bai by a registered document dated Decem ber 3	 1945 under which a portion of the property was allot ted to Subhrai Bai and it was provided in the document that Subhrai Bai would be entitled only to the user of the land and she will have no right to alienate it in any manner but will have only life interest. Later	 Subhrai Bai bequeathed the property in 1957 to her daughter Vidya Wanti. Subhrai Bai died and Vidya Wanti 's name was mutated in the papers after coming into 	force of the Act of 1956. The point raised before the High Court was. that as Subbrai Bai had been given only a limited interest in the property she had No. power to bequeath the property to her daughter as her case was not covered by section 14(1) but fell under section 14(2) of the Act. This Court pointed out that at the time when the property was allotted to. Subbrai Bai	 the had. not come into force and according to the state of Hindu Law as it ' then prevailed Subbrai Bai was undoubtedly entitled only to a limited interest. There was a restric tion in the partition deed that Subhrai Bai would enjoy usufruct of the property only and shall not be entitled to	 make any alienation. It was not a restriction as such but a mere. statement of law .as it then prevailed. Such a re striction	 therefore	 ' would not bring the case of Subhrai Bai under section 14(2) of the Act and	 therefore	 she would acquire an absolute interest after the passing of the Act of 1956 and was	 therefore	 competent to execute the will in favour of her daughter. This Court observed as follows: "If Subhrai Bai was entitled to. a share in her husband 's properties then the suit properties must be held to. have been allotted to her in accordance with law. As the law then stood she had only a life interest in the properties taken by her. Therefore the recital in the deed in question that she would have only a life interest in the properties allot ted to. her share is merely recording the true legal position. Hence it is not possibIe to	 conclude that the properties in question were given to her subject to the condition. of her enjoying it for her lifetime. Therefore the trial court as well as the first Appellate Court were right in holding that the facts of the case do not fail within section 14(2) of the . In the light of the above decisions of this Court the following principles appear to be clear: (1) C.A. No. 609 of 1965 decided on Jan. 21	 1969. 295 (1) that the provisions of section 14	 of the 1956 Act must be liberally construed in order to advance the object of the Act which is to enlarge the limited interest possessed by a Hindu widow which was in consonance with the changing temper of the times; (2) it is manifestly clear that sub section (2) of section 14 does not refer to any transfer which merely recognises a pre existing right without creating or conferring a new title on the widow. This was clearly held by this Court in Badri Parshad 's case (supra). (3) that the Act of 1956 has made revolution ary and far reaching changes in the Hindu society and every attempt should be made to carry out the. spirit of the Act which has undoubtedly supplied a long felt need and tried to do away with the invidious distinc tion between a Hindu male and female in matters of intestate succession; (4) that sub section (2) of section 14 is merely a proviso to. (1) of section 14 and has to be interpreted as a proviso and not in a manner so ' as to destroy the effect of the main provision. We have given our anxious consideration. to the language of section 14(1) & (2) and we feel that o.n a proper interpreta tion of section 14(2) there does not appear to be any real incon sistency between section 14(1)	. the explanation thereto and sub section To begin with	 section 14(1) does not limit the enlargement of the estate of a Hindu widow to any particular interest in the property. On the other hand the Explanation to section 14(1) brings out the real purpose. of section 14(1) by giving an exhaustive category of cases where principle of section 14(1 ) has to operate	 i.e. to 'cases where a Hindu female would get an absolute interest. The argument of the learned counsel for the appellant is that as the right of maintenance was a pre existing right	 any instrument or transaction by which the property was allotted to the appel lant would not be a new transaction so as to create a new title but would be only in recognition of a pre existing right	 namely	 the right of maintenance. On the other hand Mr. Natesan appearing for the respondents submitted that the object of the proviso was to. validate rather than disturb the past transactions which had 131aced certain restrictions or curbs on the power of a Hindu female and as. the language of the proviso is very wide there is no warrant for not applying it to cases where pre existing rights are con cerned. In the alternative	 Mr. Natesan argued that the Hindu woman 's right to maintenance is not a legal right. unless an actual charge is created in respect of the property and is	 therefore not enforceable at law. It is	 therefore	 not correct to describe a claim of a Hindu fe male 's right to. maintenance simpliciter as a pre existing right because all the necessary indicia of a legal right are wanting. After considering various aspects of the matter we are inclined to agree with the contentions raised by Mr. Krishna Murthy Iyer appearing for the appellant. In the: first place	 the appellant 's contention 296 appears to be more in consonance with the spirit and object of the statute itself. Secondly	 we have already pointed out that the claim of a Hindu female for maintenance is undoubtedly a pre existing right and this has been So held not only by various Courts in India but also by the Judicial Committee of the Privy Council and by this Court. It seems to us	 and it has been held as discussed above	 that the claim or the right to maintenance possessed by a Hindu female is really a substitute for a share which she would have got in the property of her husband. This being the position	 where a Hindu female who. gets a share in her husband 's property acquires an absolute interest by virtue of section 14(1) of the Act	 could it be intended by the legisla ture that in the same circumstances a Hindu female who could not get a share but has a right of maintenance would not get an absolute interest ? In other words	 the position would be that the appellant would suffer because her husband had died prior to the Act of 1937. If the husband of the appellant had died after 1937	 there could be no	 dispute that the appellant would have got an absolute interest	 because she was entitled to her share under the provisions of the Hindu Women 's Right to Property Act	 1937. Furthermore	 it may be necessary to study the language in which the Explanation to section 14(1) and sub section (2) of section 14 are couched. It would be seen that while the Explanation to section 14( 1 ) clearly and expressly mentions "property acquired by a female Hindu" at a partition or in lieu of maintenance or arrears of mainte nance there is no reference in sub section (2) at all to this particular mode of acquisition by a Hindu female which clearly indicates that the intention of the Parliament was to exclude the application of sub section (2) to	 cases where the property has been acquired by a Hindu female. either at a partition or in lieu of maintenance etc. The Explanation is an inclusive definition and if the Parliament intended that everything that is mentioned in the Explanation should be covered by sub section (2) it should have expressly so stated in sub section Again the language of sub section (2) clearly shows that it would apply only to such transactions which. are absolutely independent in nature and which are not in recog nition of or in lieu of pre existing rights. It appears from the Parliamentary Debates that when the Hindu Succes sion Bill	 1954	 was referred to a Joint Committee by the Rajya Sabha	 in section 14(2) which was clause 16(2) of the Draft Bill of the Joint Committee	 the words mentioned were only gift or will. Thus the intention of the Parliament was to confine sub section (2) only to two transactions	 namely a gift or a will	 which clearly would not include property received by a Hindu female in lieu of maintenance or at a partition. Subsequently	 however	 an amendment was proposed by one of the	 members for adding other categories	 namely	 an instru ment	 decree	 order or award which was accepted by the Government. This would show that the various terms	 viz.	 gift	 will	 instrument	 decree	 order or award mentioned in section 14(2) would have to. be read ejusdem generis so as refer to transactions where right is created for the first time in favour of the Hindu female. The intention of the Parliament in adding the other categories to sub section (2) was merely to ensure that any transaction under which a Hindu female gets a new or independent title under any of the modes mentioned in section 14(2)	 namely	 gift	 will	 decree	 order	 award or m instrument which prescribes a restricted estate would not be disturbed and would continue to occupy the field covered by section 14(2). This 297 would be the position even 'if a Hindu male was to get the property by any of the modes mentioned in section 14(2): he would also get only a restricted interest and	 therefore	 the Parliament thought that there was no warrant for making any distinction between a male or a female in this regard and both were	 therefore	 sought to be equated. Finally	 we cannot overlook the scope and extent of a proviso. There can be no doubt that sub section (2) of section 14 is. clearly a proviso to section 14 (1) and this has been so held by this Court in Badri Prasad 's case (supra). It is well settled that a provision in the nature of a proviso merely carves out an exception to the main provision and cannot be interpreted in a manner so as to. destroy the effect of the main provision or to render the same nugatory. If we accept the argument of the respondent that sub section (2 ) to section 14 would include even a property which has been acquired by a Hindu female at a partition or in lieu of maintenance then a substantial part of the Explanation would be completely set at naught which could never be the intention of the proviso Thus we are clearly of the opinion that sub section (2) of section 14 of the proviso should be interpreted in such a way so as not to substantially erode section 14(1) or the Explanation thereto. In the present case we feel that the proviso has carved out completely a separate. field and before it can apply three conditions must exist: (i) that the property must have been acquired by way of gift	 will	 instrument	 decree	 order of the Court or by an award; (ii) that any of these documents executed in favour of a Hindu female must prescribe a restricted estate in such property; and (iii) that the instrument must create or confer a new right	 title or interest on the Hindu female and not merely recognise or give effect to a pre existing right which the female Hindu already possessed. Where any of these documents are executed but no restricted estate is prescribed	 sub section (2) will have no application. Similarly where these instruments do not confer a new title for the first time on the female Hindu	 section 14(1) would have no application. It seems to me that section 14(2) is a salutary provision which has been incorporated by the Parliament for historical reasons in order to maintain the link between the Shastric Hindu Law and the Hindu Law which was sought to be changed by recent legislation	 so that where a female Hindu became possessed of property not in virtue of any pre existing right but otherwise	 and the grantor chose to impose certain conditions on the grantee	 the legislature did not want to interfere with such a transaction by oblit erating or setting at naught the conditions imposed. There was some argument at the bar regarding the use of the term " 'limited owner" in section 14(1) and "restricted es tate" in section 14(2). Not much	 however	 turns upon this. I think that the Parliament advisedly used the expression "restricted estate" in section 14(2)	 because while a limited interest would indicate only life estate	 a restricted estate is much wider in its import. For instance	 suppose a donor while giving 298 the property to a Hindu female inserts a condition that she will have to pay Rs. 200/ to donor or to one of his rela tives till a particular time	 this would not come within the term "limited interest"	 but it would be included by the term "restricted estate". That is the only justification for the difference in the terminology of section 14( 1 ) and (2) of the Act. Having discussed the various aspects of section 14(1) and (2) we shall now deal with the authorities cited before us by. counsel for the parties which are by no means consist ent. We will first deal with the authorities which took the view that we have taken in this case. In this connection the sheet anchor of the argument of the learned counsel for the appellant is the decision of the Bombay High Court in B.B. Patil vs Gangabai (1) and that of the counsel for the re spondents is the decision of the Madras High Court in Guru nadham vs Sundrarajulu(2) and Santhanam vs Subramania(3). The latter case was affirmed in appeal by the Division Bench of the Madras High Court in section Kachapalaya Gurukkal vs V. Subramania Gurukkal (4) and the aforesaid Division Bench judgment forms the subjects matter of Civil Appeal No. 135 of 1973 which will be disposed of by us by a separate judg ment. We will now take up the case of the Bombay High Court relied upon by the learned counsel for the appellant which	 in our opinion	 lays down the correct law on the subject. In B.B. Patil vs Gangabai (supra) the facts briefly were that the properties in question were the self acquired properties of Devgonda and after his death in 1902 Hira Bai daughter in law of Devgonda (widow of his son Appa	 who also died soon thereafter) came into possession of the proper ties. Disputes arose between Hira Bai and Nemgonda	 the nephew of Devgonda	 and the matter having been referred to the arbitrator he gave his award on October 16	 1903 and a decree in terms of the award was passed on October 24	 1903. Under the decree in terms of the award	 65 acres of land and one house was allotted to Hira Bai out of which 30 acres were earmarked for the provision of maintenance and marriage of the three daughters and the rest of the property was ordered to be retained by Hira Bai for life with certain restrictions. After her death these prop.reties were to revert to Nemgonda. The dispute which was the subject matter of the appeal before the High Court was confined to 35 acres of land and the house which was in possession of Hira Bai. Hira Bai continued to be in possession of these properties right upto February 25	 1967. Meanwhile Nemgon da had died and his sons defendants 2 to 6 claimed the properties. After the death of Hira Bai	 the plaintiffs	 who were two out of the three daughters of Hira Bai	 filed a suit for possession claiming entire title to the properties in possession of Hira Bai on the ground that Hira Bai was in possession of the properties as limited owner at the time of the passing of the and (1) A.I.R. [1972] Bom.16. (2) I.L.R. (3) I.L.R. (4) A.I.R. [1976] Mad. 279. 299 so her limited estate was enlarged into an absolute estate and the plaintiffs were	 therefore	 entitled to succeed to. her properties in preference to the reversioners. The suit was contested by defendants 2 to 6 mainly on the ground that as Hira Bai under the compromise was to retain only a life interest in the properties	 her case would be covered by section 14(2) of the Act and after her death the properties would revert to the reversioners. The Court held that as Hira Bai was put in possession of the properties in lieu of her maintenance	 section 14 (2) had no application	 because the award merely recognised the pre existing rights of Hira Bai and did not seek to confer any fresh rights or source of title on Hira Bai. Thus even though the award did provide that Hira Bai would have a limited interest	 section 14(2) would have no application and Hira Bai will get an absolute interest after the coming into force of the Hindu Success; on	 Act	 1956. The Court observed: "The explanation	 thus	 brings under ' its purview all properties traditionally acquired by a Hindu female on which merely by reason of the incidents of the Hindu law she has limited ownership. In other words	 sub section (1 ) read with this explanation provides that any property	 howsoever acquired and in possession of a Hindu female after the commencement of the Act shall be held by her as a full owner in all cases where she former ly held merely limited ownership. As a matter of fact	 this sub section proceeds on the basis that there are. several categories of properties of which a Hindu female	 under the provisions of Hindu Law	 is merely a limited owner. By this enactment her rights! are enlarged and wherever under the Hindu Law she would merely obtain limited ownership	 she would	 after the commencement of the Act	 obtain full ownership." "There is consensus of judicial opinion with regard to the ambit of sub section (2) of section 14 of the Act. It covers only those cases of grants where the interest in the grantee is created by the grant itself	 or	 in other words	 where the gift	 will	 instrument	 decree	 order or award is the source or origin of the interest created in the grantee. Where	 however. the instruments referred to above are not the source Of inter est created but are merely declaratory or definitive of the right to property anteced ently enjoyed by the Hindu female	 sub section (2) has no application; and it matters not if in such instruments it is specifically provided in express terms that the Hindu female had a limited estate or ' that the property would revert on her death to the next reversioner such terms are merely the reiteration of the incidents of the Hindu Law applicable to the limited estate. " Dwelling on the nature and incidents of the right of the widow ' to maintenance before the Hindu Women 's Right to Property Act	 1937	 Palekar	 J.	 speaking for the Court described the various 300 characteristics and incidents of the right of a Hindu female for maintenance (which have already been discussed by us). Finally	 the Judge observed as follows: "It appears to us that in the context of the Hindu widows the right to maintenance conferred under the Hindu Law is distinguisha ble in quality from her right to a share in the family property. That may well be the reason why the explanation to sub section (1) of section 14 of the Act makes the female allottee of property "in lieu of maintenance" as much a limited owner as when the widow acquires "inheritance" or "at a partition". And if in the latter two cases it is conceded that sub section (2) does not apply on the ground of antecedent right to the family properties	 we do not see any rational justi fication to exclude a widow who has an equally sufficient claim over the family properties for her maintenance." Thus the following propositions emerge from a detailed discussion of this case: .lm10 (1) that the widow 's claim to maintenance is undoubtedly a tangible right though not an absolute right to property so as to become a fresh source of title. The claim for maintenance can	 however	 be made a charge on the joint family properties	 and even if the properties are sold with the notice of the Said charge	 the sold properties will be bur dened with the claim for maintenance; (2) that by virtue of the Hindu Women 's Right to Property Act	 1937 the claim of the widow to main tenance has been crystallized into a full fledged right and any property allotted to her in lieu of maintenance becomes property to which she has a limited interest which by virtue of the provisions of Act of 1956 is enlarged into an absolute title; (3) Section 14(2) applies only to cases where grant is not in lieu of maintenance or in recognition of pre existing rights but confers a fresh right or tide for the first time and while conferring the said title certain restrictions are placed by the grant or transfer. Where	 .however	 the grant is merely in recognition o.r in implementation of a pre existing right to claim maintenance	 the case. falls beyond the purview of section 14(2) and comes squarely within the explanation to section 14 (1). The Court dissented from the contrary view taken by the Orissa and Madras High Courts on this question. We find that the facts of this case are on all fours with the present appeal	 and we are in complete agreement with the view taken and the reasons given by Palekar	 J. Once it is recognised that right of maintenance is a pre existing tangi 301. ble right	 it makes no difference whether a Hindu widow died before or after the enactment of Hindu Women 's Rights to Property Act	 1937. A similar view was taken by an earlier decision of the Andhra Pradesh High Court in Gadem Reddayya vs Varapula Venkataraju and Am	 C) where the Court held that the family settlement was only in recognition of the pre existing right of the widow to maintenance and	 therefore	 was not covered by section 14(2) of the Act of 1956. In our opinion	 this case correctly states the law on the subject. In Sumeshwar Mishra vs Swami Nath Tiwari	 (2) the High Court of Patna appears to have taken the same view	 and in our opinion very correctly. The Patna High Court differed from the decision of the Madras High Court in Thatha Gurunadhan Chetti vs Smt. Thatha Navaneethamma	(3) and in our opinion rightly. We are of the opinion	 for the reasons that we have already given above	 that the. view of the Madras High Court was not legally correct. A later deci sion of the Patna High Court in Lakshmi Devi vs Shankar Jha(4) has also taken the same view. We	 however	 fully approve of the view expressed by the Patna High Court and Andhra Pradesh High Court referred to above. Similarly in H. Venkanagouda vs Hanamangouda(5) the Mysore High Court adopted the view of the Bombay High Court in B.B. Patil vs Gangabai (supra) and dissented from the contrary view taken by the Madras and the Orissa High Courts. In our opinion	 this decision seems to have correct ly interpreted the provisions of section 14(2) of the 1956 Act and has laid down the correct law. The view of the Madras High Court and the Orissa High Court which was dissented fro.m by the Mysore High Court is	 in our opinion	 legally erroneous and must be overruled. In Smt. Sharbati Devi vs Pt. Hira Lal & Anr.(6) the Punjab High Court clearly held that application of section 14(2) was limited to only those cases. where a female Hindu ac quired a title for the first time	 for otherwise the proper ty acquired in lieu of maintenance even though conferring a limited estate fell clearly within the ambit of explanation to section 14(1) of the Act and would	 therefore	 become the absolute property of the widow. Thus the Punjab High Court also fully favours the view taken by the Bombay	 Patna	 Mysore	 Andhra Pradesh and other High Courts discussed above and has our full approval. The only distinction in the Punjab case is that here the widow got the properties after the coming into force of the Hindu Women 's Rights to Proper ty Act	 1937	 but that	 as we shall point out hereafter	 makes no difference with respect to the legal right which a widow has to maintain herself out of the family property. (1) A.I.R. 1965 .A.P. 66. (2) A.I.R. 1970 Pat. A.I.R. 1967 Mad. 429. (4) A.I.R. 1074 Pat. (5) A.I.R. 1972 Mys. 286. (6) A.I.R. 302 The Calcutta High Court has also taken the same view in Sasadhai Chandra Dev vs Smt. Sundari Desi (1) which we endorse. In Saraswathi Ammal vs Anantha Shenoi	 (2) the Kerala High Court	 after a very detailed discussion and meticulous analysis of the law on the subject	 pointed out that the right of a widow to maintenance was not a matter of conces sion but under the Sastri 's Hindu Law it was an obligation on the heirs who inherited the properties of the husband to maintain the widow and any property which the widow got in lieu of maintenance was not one given purely as a matter of concession	 but the widow acquired a right in such property. We fully agree with the view taken by the Kerala High Court in the aforesaid case. In Kunji Thomman vs Meenakshi(3) although the Kerala High court reiterated its facts of that particular case previous view	 on the High Court held that under the family settle ment the widow did not get any right to maintenance but was conferred a new right which was not based on her pre existing right and on this ground the High Court felt that the widow would not get an absolute interest in view of the explanation to section 14 (1). In Chellammal vs Nallammal(4) the facts were almost similar to the facts of the present case. A single Judge of the Madras High Court held that. the case was clearly covered by the Explanation to section 14(1) of the Act and the properties given to the widow in lieu of maintenance became her absolute properties and would not be covered by section 14(2) of the Act. This decision appears to have been overruled by a later decision of the same High Court in section Kachapalaya Gurukkal vs V. Subramania. Gurukkal (supra) which is the subjectmatter of Civil Appeal No. 126 of 1972 and we shall discuss the Division Bench 's decision when we refer to the authorities taking a contrary view. We find ourselves in complete agreement with the view taken by the Single Judge in Chellammal vs Nellammal (supra). and we overrule the Division Bench decision in section Kachapalaya Gurukkal 's case (supra). Thus all the decisions discussed above proceed on the right premises and have correctly.appreciated the nature and incidents of a Hindu woman 's right to maintenance. They have also properly understood the import and applicability of section 14(2) of the 1956 Act and have laid down correct law on the subject. We now deal with the authorities taking a contrary view. which	 in our opinion	 does not appear to. be the correct view. In Narayan Patra vs Tara Patrani(5) the Orissa High Court	 following a decision of the Andhra Pradesh High Court in G. Kondiah v.G. Subbarayya(6)	 held that since the widows were given only a (1) A.I.R. 1962 Cal. (2) A.I.R. 1966 Ker. (3) I.L.R. (4) (5) [1970] 35 Cuttak L.T. 667=A.I.R. 1970 Orissa 131. (6) 303 restricted estate their case squarely fell within the ambit of section 14(2) of the Act and their interest would not be enlarged. Reliance was also placed on a Madras decision in Thatha Gurunadharn Chetty vs Thatha Navaneethamma (supra). It is obvious that the conclusions arrived at by the High Court are not warranted by the express principles of Hindu Sastric Law. It is true that a widow 's c/aim for mainte nance does not ripen into a full fledged right to property	 but nevertheless it is undoubtedly a right which in certain cases can amount to a right to property where it is charged. It cannot be sand that where a property is given to a widow in lieu of maintenance	 it is given to her for the first time and not in lieu of a pre existing right The claim to maintenance	 as also the right to claim proper ty in order to maintain herself	 is an inherent right con ferred by the Hindu Law and	 therefore	 any property given to her in lieu of maintenance is merely in recognition of the claim or right which the widow possessed from before. It cannot be said that such a right has been conferred on her for the first time by virtue of the document concerned and before the existence of the document the widow had no vestige of a claim or fight at all. Once it is established that the instrument merely recognised the pre existing right	 the widow would acquire absolute interest. Second ly	 the Explanation to section 14(1) merely mentions the various modes by which a widow can acquire a property and the property given in lieu of maintenance is one of the modes mentioned in the Explanation. Sub section (2) is merely a proviso to section 14(1) and it cannot be interpreted in such a manner as to destroy the very concept of the right conferred on a Hindu woman under section 14(1). Sub section (2) is limit ed only to those cases where by virtue of certain grant or disposition a right is conferred on the widow for the first time and the said right is restricted by certain conditions. In other words	 even if by a grant or disposi tion a property is conferred on a Hindu male under certain conditions	 the same are binding on the male. The effect of sub section (2) is merely to equate male and female in respect of grant conferring a restricted estate. In these circum stances we do not agree with the views expressed by the Orissa High Court . The other High Courts which have taken a contrary view are mainly the Andhra Pradesh	 Allahabad and the Madras High Courts. In an earlier decision of the Patna High Court in Shiva Pujan Rat and Others vs Jamuna Missir and Others(1) the High Court seems to rally round the view taken by the Madras High Court. We shall take up the decisions of the Andhra Pradesh High Court. As already indicated above	 the earlier decision of the Andhra Pradesh High Court in Gadam Reddayya vs Vara pula Venkataraju took the same view which was taken later by the Bombay High Court and held that in a case like the present	 a Hindu female would get an absolute interest and her case would not be covered by sub section (2) of section 14 of the 1956 Act. In Gopisetti Kondaiah vs Gunda Subbarayudu(2) another Division Bench of the same High Court appears to have taken a contrary view. Jaganmohan Reddy	 C.J.	 speak ing for the Court observed as follows: (1) I.L.R. 47 Pat. (2) I.L.IR	 304 "In so far as the right of a Hindu woman to maintenance is concerned	 it is necessary at this stage to point out one other basic con cept. A Hindu woman has a right to be main tained by her husband or from her husband 's property or Hindu joint family property. But that is merely a right to receive maintenance out of the properties without in any way conferring on her any right	 title or interest therein. It is not a definite right	 but is capable of being made a charge on specific properties by agreement	 decree of Court or award	 compromise or otherwise . . But this indefinite right	 to be maintained from out of the properties of a Hindu Joint family	 does not	 however	 create in her a proprietary right in the property . . But if a restricted estate is given by any such instru ment	 even if it be in lieu of maintenance	 which is inconsistent with an estate she would get under the Hindu Law	 then sub section (2) of section 14 would operate to give her only a restricted estate. But if it is the latter	 notwithstanding the fact that it was trans ferred in lieu of maintenance	 if only a restricted estate was conferred by the instru ment	 then she would only have the restricted estate. " While we fully agree with the first part of the observations made by the learned Chief Justice	 as he then was. that one of the basic concepts of Hindu Law is that a Hindu woman has right to be maintained by her husband or from her husband 's property or the joint family property we respectfully disa gree with his conclusion that even though this is the legal position yet the right to receive maintenance does not confer on her any right	 title or interest in the property. It is true that the claim for maintenance is not an enforceable right but it is undoubtedly a pre existing right	 even though no charge is made on the properties which are liable for her maintenance. We also do not agree with the view of the learned Chief Justice that if the property is given to the widow in lieu of maintenance she will get only a restricted estate. In our opinion	 the High Court of Andhra Pradesh has proceeded on wrong prem ises. Instead of acknowledging the right of a Hindu woman to maintenance as a right to a right or that matter a pre existing right and then considering the effect of the subsequent transactions	 the High Court has first presumed that the claim for maintenance is not a tangible right at all and	 therefore	 the question of a pre existing right does not arise. This	 as we have already pointed out	 is against the consistent view taken by a large number of Courts for a very long period. Furthermore	 this case does not appear to have noticed the previous Division Bench decision in Gadam Reddayya 's case (supra) taking the contrary view	 and on this ground alone the authority of this case is considerably weakened. At any rate	 since we are satisfied that the claim of a Hindu woman for mainte nance is a pre existing right	 any transaction which is in recognition or declaration of that right clearly falls beyond the purview of section 14(2) of the 1956 Act and	 there fore	 this authority does not lay down the correct law. We	 therefore	 do not approve of the view taken in this case and overrule the same. 305 As regards the Madras High Court	 the position appears to be almost the same. There also	 while a single Judge took the same view as the Bombay High Court and held that section 14(2) was not applicable	 the Division Bench of the Court in an appeal against the order of another Single Judge took the contrary view. In section Kachupalaya Gurukal vs Subramania Gurukkal (supra) the Court seems to draw an artificial distinction between a claim of a widow for maintenance and a pre existing right possessed by her. According to the High Court	 while a claim for maintenance simpliciter. was not a right at all	 the right to get a share in the husband 's property under the Hindu Women 's Right to	 Property Act	 1937 was a pre existing right. The Madras High Court ap pears to have fallen into an error by misconceiving the scope and extent of a Hindu woman 's right to maintenance. Secondly	 it appears to have interpreted the proviso in such a manner as to destroy the effect of the main provision	 namely	 section 14(1) and the explanation thereto	 for which there can be no warrant in law. The decision of Natesan	 J	 in Gurunadham vs Sundrarajulu Chetty (supra) which had been affirmed by this judgment also	 appears to have taken the same view and had fallen into the same error. Furthermore	 the view of the learned Judge that on the interpretation given and the view taken by the Bombay High Court which we have accepted	 section 14 is intended to override lawful terms in contracts	 bargains	 bequests or gifts etc. is not correct	 because the scope and area of sub section (2) of section 14 is quite separate and defined. Such a sub section applies only to such transactions as confer new right	 title. or interest on the Hindu females. In such cases the titles created under sub section (2) are left in tact and section 14(1) does not interfere with the titles so created under those instruments. Thus	 in short	 these two	 decisions suffer from the following legal infirmities: (i) the Madras High Court has not correctly or properly appreciated the nature and extent of the widow 's right to. maintenance: and (ii) the distinc tion drawn by the Court regarding the share given to the widow under the Hindu Women 's Right to. Property Act allot ted to her before the passing of the Act in lieu of mainte nance is based on artificial grounds. In fact the Act of 1937 did not legislate anything new	 but merely gave statu tory recognition to the old Shastric Hindu Law by consoli dating the same and clarifying the right of the widow which she already possessed in matter of succession under the	 Hindu Law. This being the position	 the Act of 1937 makes no difference. so far as the legal status of a widow in regard to her right to maintenance was concerned. The Act neither took away the: right of maintenance nor conferred the same; (iii) the Court appears to	 have given an extended meaning to sub section (2) of section 14 of the 1956 Act which has been undoubtedly enlarged so as to set at naught the express words in the Explanation to sub section (1) of section 14 which ex pressly exclude the. property given to a widow in lieu of maintenance or at a partition from the ambit of sub section In other words	 such a property	 according to the Explana tion	 is a property in which the widow would have undoubted ly a limited interest which by operation of law i.e. force of section 14(1 ) would be enlarged into an absolute interest if the widow is in possession of the property on the date when the Act was passed; (iv) similarly the Court failed to notice that 5 436 SCI/77 306 sub section (2) of section 14 would apply only where a new right is created for the first time by virtue of a gift	 will etc. or the like executed in favour of the widow in respect of which she had no prior interest in the property at all. For instance	 a daughter is given a limited interest in presence of the widow. Here the daughter not being an heir in presence of the widow (before the came into force) she had	 no fight or share in the property	 and if she was allotted some property under any instrument	 a new and fresh right was created in her favour for the first time which she never possessed. Such a case would be square ly covered by section 14(2) of the Act. In Ram Jag Misir vs The Director of Consolidation	 U.P.(1) the same view has. been taken as the Madras High Court. case does not discuss the various aspects which have been pointed out by us and proceeds purely on the basis that as the widow acquired a restricted estate under the compromise.	 section 14(2) would at once apply. It has not at all considered the decisions of this Court that a mere description of limited interest in a grant or compromise is not a restriction but may just as well as merely a statement of the law as it stood when the grant was made. The Court has also	 not considered the various incidents and charac teristics of the widow 's right to maintenance under the Hindu Law. Reliance was also placed by the learned counsel for the responderts on a Division Bench decision of the Patna High Court in Shiv Pujan Rai vs Yamuna Missir (supra) where the High Court held that the property given to a widow under a compromise in lieu of her maintenance was covered by sub section (2) of section 14. This decision was. really based on the pecul iar findings of fact arrived at by the Courts of fact. The High Court in the first place held that on the facts there was nothing to show that the widow acquired any inter est independent of the compromise under which she was given the property. In these circumstances	 it may be that the widow was given a. fresh or a new title under the compromise in which case the matter would be clearly covered by section 14(2) of the 1956 Act. Even if this case be treated as an authority for the proposition that any property allotted to. a widow under a compromise in lieu of maintenance would be covered by section 14(2) of the Act	 then we dissent from this view	 and for the reasons which we have already given we choose to prefer the view taken by the Patna High Court in a later case in Sumeshwar Mishra vs Swami Nath Tiwari (supra)	 which lays down the correct law on the subject. Reliance was also placed on a Full Bench decision of the Jammu & Kashmir High Court in Ajab Singh & Ors. vs Ram Singh and other.(2) In this case also the various aspects which we have indicated and the nature and extent of the Hindu women 's right to maintenance were not considered at all and the Court proceeded by giving an extended meaning to the provisions of sub section (2) of section 14 which in that case was sub section (2) of section 12 of the Jammu & Kashmir Hindu Succes sion Act	 1956. It is true that the leading Judgment was given by one of us (Fazal Ali	 J.	) but I must confess that the important question of law that has been argued before us in all its comprehensive aspects was not presented before me in that case and even the counsel O) (2) A.I.R. 1959 J & K 92. 307 for the respondents did not seriously contend that sub section (2) of section 14 was not applicable. For these reasons we are not in a position to approve of the Full Bench decision of the Jammu & Kashmir High Court in Ajab Singh 's case which. is hereby overruled. Thus on a careful scrutiny and analysis of the authori ties discussed above	 the position seems to be that the view taken by the High Courts of Bombay	 Andhra Pradesh	 Patna	 Mysore	 Punjab	 Calcutta .and Kerala to the effect that the widow 's claim to maintenance	 even though granted to her subject to certain restrictions	 is covered by s.14 (1) and not by sub section (2) is based on the following premises: (1) That the right of a Hindu widow to claim maintenance is undoubtedly a right against property though not a right to property. Such a right can mature into a full fledged one if it is charged on the property either by an agreement or by a decree. Even otherwise	 where a family possesses property	 the husband	 or in case of his. death	 his heirs are burdened with the obligation to maintain the widow and	 therefore	 the widow 's claim for maintenance is not an empty formality but a pre existing right. (2) Section 14(2) which is in the nature of a proviso to section 14(1) cannot be interpreted in a way so as to destroy the concept and defeat the purpose which; is sought to	 be effectuated by section 14(1) in conferring an absolute interest on the Hindu women and in doing away with what was here tobefore known as the Hindu women 's estate. The proviso will apply only to such cases which flow beyond the purview of the Explanation to section 14(1). (3) That the proviso would not apply to any grant or transfer in favour of the widow hedged in by limitation or restrictions	 where the grant is merely in recognition or declaration of a pre existing right	 it will apply only to such a case where a new right which the female .did not possess at all is sought to be conferred on her under cer tain limitations or exceptions. In fact in such a case even if a conditional grant is made to a male	 he would be bound by the condition imposed. The proviso wipes out the distinc tion between a male and a female in this respect. The contrary view taken by the Madras	 Orissa	 Andhra Pradesh	 Allahabad and Jammu & Kashmir High Courts proceeds on the following grounds: (1) That a widow 's claim to maintenance is merely an inchoate or incomplete right having no legal status	 unless the widow gets a property in lieu of maintenance or unless a charge is created in a particular property the claim for maintenance cannot be legally enforced. Thus	 where under a grant	 compromise	 transfer or a decree	 a property is allotted to the widow in lieu of maintenance	 it is not the recognition of any pre existing right but it amounts to conferment of a new right for the first time which in fact did not exist before the said demise. This view is really based on the provisions of the Hindu Women 's Right to Property Act	 1937	 under which the widow has got the right to get a share of his son in lieu of partition and even 308 otherwise she is entitled to her share in the joint Hindu family property on partition. These High Courts	 therefore	 seem to be of the opinion that in view of the provisions of the Hindu Women 's Right to Property Act	 the widow in claim ing a share in the property has a pre existing right which is recognised by law	 namely	 the Act of 1937. The same	 however	 cannot be said of a bare claim to maintenance which has not been recognised as a legal right and which can mature into a legally enforceable right only under a grant or demise. This view suffers from a serious fallacy	 which is	 based on a misconception of the true position of a Hindu widow 's claim for maintenance. It has been seen from. the discussion regarding the widow 's claim for maintenance and her status in family that under the pure Sastric Hindu Law the widow is almost a co owner of the properties with her husband and even before the Act of 1937 she was entitled to the share of a son on the death of her husband after parti tion according to some schools of Hindu Law. The Act of 1937 did not introduce any new right but merely gave a statutory recognition to the old Sastric Hindu Law on the subject. In this respect the Act of 1937 is very different from the Act of 1956	 the latter of which has made. a revo lutionary change in the Hindu Law and has changed the entire complexion and concept of Hindu women 's estate. In these circumstances	 therefore	 if the widow 's claim for mainte nance or right to get the share of a son existed before the Act of 1937	 it is futile to dub this! right as flowing from the Act of 1937. The second fallacy in this view is that the Court failed to consider that the. claim for maintenance is an important right which is granted to the widow under the Sastric Hindu Law which enjoins the husband to maintain his wife even if he has no	 property. Where he has a property the widow has to be maintained from that property so much so that after the death of her husband any one who inherits that property takes the property subject to. the burden of maintaining the widow. Even where the property is transferred for payment of family debts and the transferee has the notice of the widow 's claim for maintenance	 he has to discharge the burden of maintaining the widow from the property sold to him. Thus the nature and extent of the right of the widow to claim maintenance is undoubtedly a pre existing right and it is wrong to say that such a right comes into existence only if the property is allotted to the widow in lieu of maintenance and not otherwise. Another reasoning given by the courts taking the con trary view is that sub section (2) being in the nature of a proviso to section 14(1) all grants with conditions take the case out of section 14(1). This	 as we have already pointed out	 is based on a wrong interpretation of the scope: and 'ambit of sub section (2) of section 14. Lastly	 the contrary view is in direct conflict with the observations made by this Court in the cases referred to above	 where a grant in lieu of maintenance. of the widow has been interpreted as being in recognition of a pre exist ing right ' so. as to take away the case from the ambit of sub section For these reasons and those given hereto. before we choose to prefer the view taken by Palekar	 J.	 in B B. Patil vs Gangabai (supra) which appears to be more in conso nance with the object and spirit of 309 the 1956 Act. We	 therefore	 affirm and approve of the decisions of the Bombay High Court in B.B. Patil vs Ganga bai; of the Andhra Pradesh High Court m Gadam Reddayya vs Varapula Venkataraju & Anr.;of the Mysore High Court in H. Venkanagouda vs Hanamanagouda; of the Patna High Court in Sumeshwar Mishra vs Swami Nath Tiwari; of the Punjab High Court in Smt. Sharbati Devi vs Pt. Hira Lal & Anr and Cal cutta High Court in Sasadhar Chandra Dev vs Smt. Tara Sund ari Dasi (supra) and disapprove the decisions of the Orissa High Court in Narayan Patra vs Tara Patrani; Andhra Pradesh High Court in Gopisetty Kondaiah vs Gunda Subbarayudu (supra); Madras High Court in section Kachapalaya Gurukkal vs V. Subramania Gurukkal (supra) and Gurunadham vs Sundararaulu; of the Allahabad High. Court in Ram Jag Missir vs Director of Consolidation	 U.P. and in Ajab Singh & Ors. vs Ram Singh & Ors. of the Jammu & Kashmir High Court. Lastly strong reliance was placed by Mr. Natesan counsel for the respondents on a decision of this Court in Smt. Naraini Devi vs Smt. Ramo Devi & others(1) to which one of us (Fazal Ali	 J.	) was a party. This case is no doubt directly in point and this Court by holding that where under an award an interest is created in favour of a widow that she should be entitled to rent out the property for her lifetime	 it was held by this Court that this amounted to a restricted estate under section 14(2) of the 1956 Act. Unfortu nately the various aspects	 namely	 the nature and extent of the Hindu women 's right to maintenance	 the limited scope of sub section (2) which is a proviso. sub section (1 ) of section 14 and the effect of the Explanation etc.	 to which we have adverted in this judgment	 were. neither brought to our notice nor were argued before us in that case. Secondly	 the ground on which this Court distinguished the earlier decision of this Court in Badri Parshad vs Smt. Kanso Devi (supra) was that in the aforesaid decision the Hindu widow had a share or interest in the house of her husband under the! Hindu Law as it was applicable then	 and	 therefore	such a share amounted to a pre existing right. The attention of this Court	 however	 was not drawn: to the language of the Explanation to section 14(1) where a property given to a widow at a partition or in lieu of maintenance had been placed in the same category	 and	 therefore reason given by this Court does not appear to be sound. For the reasons that we have. already given	 after taking an overall view of the situation	 we are satisfied that the Division Bench decision of this Court in Naraini Devi 's case (supra) was not correctly decided and is therefore	 overruled. Indeed	 if the contrary view is accepted	 it will	 in my opinion set at naught the legislative process of a part of Hindu Law ' of the intestate succession and curb the social urges and aspirations of the Hindu women	 particularly in the International Year of Women	 by reviving a highly detestable legacy which was sought to be buried by the Parliament after independence so. that the new legislation may march with the times. We would now like to summarise the legal conclusions which we have reached after an exhaustive considerations of the authorities mentioned above; on the question of law involved in this appeal as to the (1) 1976] 1 s.c.c. 574. 310 interpretation of section 14(1) and (2) of the Act of 1956. These conclusions may be stated thus: (1) The Hindu female 's right to maintenance is not an empty formality or an illusory claim being conceded as a matter of grace and generosity	 but is a tangible right against property which flows from the spiritual relationship between the husband and the wife and is recognised and enjoined by pure Shastric Hindu Law and has been strongly stressed even by the earlier Hindu jurists starting from Yajnavalkya to Manu. Such a right may not be a right to property but it is a right against property and the husband has a personal obligation to maintain his wife and if he or the family has property	 the female has the legal right to be maintained therefrom. If a charge is created for the maintenance of a female	 the said right becomes a legally enforceable one. At any rate	 even without a charge the claim for maintenance is doubtless a pre existing right so that any transfer declaring or recognising such a right does not confer any new title but merely endorses or confirms the pre existing rights. (2) Section 14(1) and the Explanation thereto have been. couched in the widest possible terms. and must be liberally construed in favour of the females so as to advance the object of the 1956 Act and promote the socio economic ends	 sought to be achieved by this long needed legislation. (3) Sub section (2) of section 14 is in the nature of a proviso and has a field of its own without interfering with the operation of section 14(1) materially. The proviso. should not be construed in a manner so as to destroy the effect of the main provision or the protection granted by section 14(1) or in a way so as to become totally inconsistent with the main provision. (4) Sub section (2) of section 14 applies to instruments	 decrees	 awards	 gifts etc. which create independent and new titles in favour of the females for the first time and has no application where the instrument concerned merely seeks to confirm	 endorse	 declare or recognise preexisting rights. In such cases a restricted estate in favour of a female is legally permissible and section 14(1) will not operate in this sphere. Where	 however	 an instrument merely de clares or recognises a pre existing right	 such as a claim to maintenance or partition or share to which the female is entitled	 the sub section has absolutely no application and the female 's limited interest would automatically be en larged into. an absolute one by force of section 14(1) and the restrictions placed	 if any	 under the document would have to be ignored. Thus where a property is allotted or trans ferred to a female in lieu of maintenance or a share at partition	 the instrument is taken out of the ambit of sub section (2) and would be governed by section 14(1) despite any re strictions placed on the powers of the transferee. (5) The use of express terms like "property acquired by a female Hindu at a partition"	 "or in lieu of maintenance" "or arrears of maintenance" etc. in the Explanation to section 14(1) clearly makes sub section (2) inapplicable to these catego ries which have been expressly excepted from the operation of sub section 311 (6) The words "possessed by" used by the Legislature in section 14(1) are of the widest possible amplitude and include the state of owning a property even though the owner is not in actual or physical possession of the same: Thus	 where a widow gets a share in the property under a preliminary decree before or at the time when the 1956 Act had been passed but had not been given actual possession under a final decree	 the property would be deemed to be possessed by her and by force of section 14(1) she would get absolute interest. in the property. It is equally well settled that the possession of the widow	 however	 must be under some vestige of a claim	 right or title	 because the section does not contemplate the possession of any rank trespasser with out any right or title. (7) That the words "restricted estate" used in section 4(2) are wider than limited interest as indicated in section 14(1) and they include not only limited interest	 but also. any other kind of limitation that may be placed on the transferee. Applying the principles enunciated above to the facts of the present case	 we find (i) that the properties in suit were allotted to the appellant Tulasumma on July 30	 1949 under a compromise certified by the. Court; (ii) that the appellant had taken only a life interest in the properties and there was a clear restriction prohib iting her from alienating the properties; (iii) that despite these restrictions	 she continued to be in possession of the properties till 1956 when the Act of 1956 came into. force; and (iv) that the alienations which she had made in 1960 and 1961 were after she had acquired an absolute interest in the properties. It is	 therefore	 clear that the compromise by which the properties were allotted to the appellant Tulasamma in lieu of her maintenance were merely in recognition of her right to maintenance which was a pre existing right and	 there fore	 the case of the appellant would be taken out of the ambit of section 14(2) and would fail squarely within section 14 (1) read with the Explanation thereto. Thus the appellant would acquire an absolute interest when she was in possession of the properties at the time when the 1956. Act came into force and any restrictions placed under the compromise would have to be completely ignored. This being the position	 the High Court was in error in holding that the appellant Tula samma would have only a limited interest in setting aside the alienations made by her. We are satisfied that the High Court decreed the suit of the plaintiffs on an erroneous view of the law. The result is that the appeal is allowed	 the judgment and decree of the High Court are set aside	 the judgment of the District Judge	 Nellore. is hereby restored and the plaintiffs ' suit is dismissed. In the peculiar circumstances of this ease and having regard to the	 serious divergence of judicial opinion of the various Courts of India	 we would make no order as to costs in this Court. P.B.R. Appeal allowed.

Section 14(1 ) of the pro vides that "any property possessed by a female Hindu	 wheth er acquired before or after the commencement of the Act	 shall be held by her as full owner thereof and not as a limited owner." According to the explanation to this sub section the term "property" includes both movable and immovable property acquired by a female Hindu in lieu of maintenance or arrears of maintenance or in any other manner whatsoever. Sub section (2) provides that nothing in sub section (1) shall apply to any property acquired by way of gift or under a will or any other instrument which prescribes a restricted estate in such property. At the time of his death	 the appellant 's husband	 who was the brother of the respondent	 lived in a state. of jointness with the respondent. On her husband 's death the appellant filed a petition for maintenance. The re spondent entered into a compromise with her	 one of the terms of which was that the appellant should enjoy during her life time certain properties given to her and on her death those properties should revert to the respondent. 'The appellant .sold some of the properties. The respondent sought a declaration that under 1he terms of the compromise the appellant 's interest	 which was a limited one	 could not be enlarged into an absolute interest enabling her to sell the. properties. The District Munsiff decreed the suit. On appeal	 the District Judge held that by virtue of the provisions of the 1956 Act	 the appellant had acquired an absolute interest in the properties and that section 14(2) had no application to the case because the compromise was an instrument in recognition of a pre existing right. The High Court	 on the other hand	 held that the compromise was an instrument contemplated by s.14(2) and the appellant could not get an absolute inter est	 under s.14(1); and that since her husband died even before the Hindu Women 's Right to Property Act	 1937 came into force	 she could not be said to have any pre existing right because she had got the right for the first time under the compromise. Allowing the appeal	 (Per Bhagwati and Gupta	 JJ) HELD: Since the properties were acquired by the appel lant under the compromise in lieu or satisfaction of her right to maintainance it is section 14(1) and not s.14(2) which would be applicable. The appellant must be deemed to have become full owner of the properties notwithstanding that the compromise prescribed a limited interest in the properties. [274 C D] 1. Under the Sastric Hindu Law a widow has a right to be maintained out of joint family property and this right would ripen into a charge if the widow took the necessary steps for having her maintenance ascertained and specifically charged on the joint family property and even if no specific charge were created	 this right would be. enforceable against joint family property in the hands of a volunteer or a purchaser taking it with notice of her claim. The right of the widow to be maintained is not a ]us in rem	 since it does not give any interest in the joint family property but it is ]us ad rem. When specific property is allotted to the widow in lieu of her claim for maintenance	 the allotment would be in satisfaction of her jus ad rem	 namely	 the right to be maintained out of the joint family property. It would not be a grant for the. 262 first time without any pro existing right in the widow	 The widow would be getting the property in virtue of her pre existing right	 the instrument giving the property being merely a document effectuating such pre existing right. [273 A C] 2(a) Section 14(1) is large in its amplitude and covers every kind of acquisition of property by:	 a female Hindu including acquisition in lieu of maintenance. Where such property was possessed by her at the date of commencement of the Act or was subsequently acquired and possessed	 she would become the full owner of the property. [268 G] (b) The words "any property" are large enough to cover any and every kind of property but in order to expand the reach and ambit of the	 section and make it all comprehen sive	 the Legislature has enacted the explanation. [268 B] (c) Whatever be the kind of property movable or immova ble and whichever be. the mode of acquisition	 it would be covered by sub section (1 )	 the object of the Legislature being to wipe out the disabilities from which a Hindu female suffered in regard to ownership of property under the old Sastric Law	 to abridge the stringent provisions against proprietary rights and to recognise her status as an inde pendent and absolute owner of property. [268 D] (d) In Gummalapura Taggina Matada Kotturuswami vs Setra Veeravva [1959] Supp. 1 SCR 968	 this Court construed the words "possessed of" in a broad sense and in their widest connotation to mean as "the state of owning or having in one 's hand or power" which need not be actual or physical possession or personal occupation of the property by the Hindu female	 but may be possession in law. It may be actual or constructive or in any other form recognised by law. [268 E F] . (e) Sub section (2)	 which is in the nature of a proviso to sub s.(1)	 excepts certain kinds of acquisition of property by a Hindu female from the operation of sub section [269 B] (f) Sub section (2)	 must be read in the context of sub s.(1) to. leave as large a scope for operation as possible to sub s.(1). So read	 it must be confined to cases where property is acquired by a female Hindu for the first time. as a grant without any pre existing right under a gift	 will	 instrument	 decree	 order or award	 the terms of which prescribe a restricted estate in the property. [269 H] (g) The legislative intendment in enacting sub s.(2) was that this subsection should be applicable only to cases where the acquisition of property is made by a Hindu female for the first time without any pre existing right. Where. however	 property is acquired by a Hindu female at a partition or in lieu of her right to4 maintenance iris in virtue of a pre existing right and such acquisition would not be within the! scope and ambit of sub s.(2) even if the instrument allotting the property prescribes a restricted estate in the property. Where property is acquired by a Hindu re	male under art instrument in virtue of a preex isting right such as a right to obtain property on partition or a right to maintenance. and under the law as it stood prior to the enactment of the Act	 she should have no more than limited interest in the property a provision in the instrument giving her limited interest in the property would be merely by way of record or recognition of the true legal position and the restriction on her interest being a disa bility imposed by law would be wiped out and her limited interest would be enlarged under sub section [270 D; 272 A B] In the instant case the appellant claimed maintenance out of the joint family properties in the hands of her deceased husband 's brother	 and the claim was decreed and in execution of the decree the respondent entered into a com promise and allotted properties to her in lieu of her claim for maintenance. The appellant must in the circumstances be deemed to have become full owner of the properties notwith standing that the compromise prescribed a limited interest for her in the properties. It is sub s.(1) and not sub s.(2) of section 14 which must be held to be applicable on these facts. S.S. Munna Lal vs S.S. Raikumar	 [1962] Supp. 3 SCR 418 Gummalapura Teggina Matada Kotturaswami vs Setra Verrayva [1959] Supp. I SCR 968 Mangal Singh vs Ratno	 ; Badri Pershad vs Smt. Kanso Devi 263 ; Nirmal Chand vs Vidya Wanti (dead) by her Legal representatives. C.A. No. 609 of 1965	 decided on January 21	 1969	 Rani Bai vs Shri Yadunandan Ram; 	 referred to. B.B. Patil	 vs Gangabai	 AIR. 	 Sumeshwar Misra vs Swami Nath Tiwari AIR 1970 Pat. 348	 Reddayya vs Varapula Venkataraju AIR 1965 A.P. 66	 Lakshmi Devi vs Shankar Jha	 AIR. 	 N. Venkanagouda vs Hanamangouda	 AIR 1972 Mys. 286	 Smt. Sharbati Devi vs Pt. Hiralal AIR 	 Sesadhar Chandra Dev. vs Smt. Tara Sundari Dasi	 AIR 1962 Cal. 438	 Saraswathi Ammal vs Anantha Shenoi	 AIR 1966 Ker. 66 and Kunji Thomman vs Meenakshi	 ILR approved. Gurunadham vs Sundarajulu	 ILR Sentha nam vs Subramania	 ILR 	 section Kachapalaya Gurukkal vs V.Subramani Gurukkal	 AIR 1972 Mad. 279 Shiva Pujan Rai vs Jamune Missir	 ILR [1947] Pat. 1118 Gopisetti Kondaiah vs Gunda Subbrayudu	 ILR 	 Ram Jag Missir vs The Director of Consolidation	 U.P. AIR 1975 All. 151 and 	4lab Singh vs Ram Singh AIR 1959 J&K 92 not ap proved. (per Fazal Ali	 J concurring) The High Court was in error in holding that the appel lant would have only a limited interest and in setting aside the alienations made by her. The compromise by which the properties were allotted to her in lieu of her maintenance were merely in recognition of her pre existing right 	of maintenance and	 therefore	 her case would be taken out of the ambit of section 14(2) and would fall within section 14(1) read with the Explanation thereto. [311 G] The incidents and characteristics of a Hindu woman 's right to maintenance are: (i) that a Hindu woman 's right to maintenance is a personal obligation so far as the husband is concerned	 and it is his duty to maintain her even if he has no property. If the husband has property then the right of the widow to maintenance becomes an equitable charge on his property and any person who succeeds to the property carries with it the legal obligation to maintain the widow. [286 D] (ii) though the widow 's right to maintenance is not a right to property but it is a pre existing right in proper ty	 that is	 it is a ]us ad rein and not ]us in rem and it cannot be enforced by the widow who can get a charge created for the maintenance on the property either by an agreement or by obtaining a decree from the civil court. [286 E] (iii) that the right of maintenance is a matter of moment and is of such importance that even if the joint property is sold and the purchaser has notice of the widow 's right to maintenance	 the purchaser is legally bound to provide for her maintenance. [286 F] (iv) that the right to maintenance is a pre existing right which existed in the Hindu law long before the passing of the Act of 1937 or the Act of 1946	 and is	 therefore	 a pre existing right. [286 G] (v) that the right to maintenance flows from the social and temporal relationship between the husband and the wife by virtue of which the wife becomes a sort of co owner in the property of her husband	 though her co ownership is of a subordinate nature. [286 H] (vi) that where a Hindu widow is in possession of the property of her husband	 she is entitled to retain the possession in lieu of her maintenance unless the person who succeeds to the property or purchases the same is in a position to make due arrangementS for her maintenance [287 A] Digest of Hindu Law	 Vol. II	 pp. 121	 123 and 243 by Colebrooke. Hindu Law by Golyal Chandra Sarkar Sastri	 p. 533. Treatise on Hindu Law & Usage by Mayne	 11th edn. 684	 813	 816	 822	 Hindu Law by Mulla	 p. 597. 264 Narayan Rao Ramchandra Pant vs Ramabai	 L.R. 6 I.A.	 114	 Lakshman Ramchandra Joshi & anr. vs Satyabhamabai	 I.L.R. 	 Narbadabai vs Mahadeo Narayan	 Kashinath Narayan and Shamabai	 I.L.R. 	 Mst. Dan Kaur vs Mst. Sarla Devi	 L.R. 73 LA. 208	 Prataprnull Agarwalla vs Dhanabati Bibi	 L.R. 63 I.A. 33	 Rani Bai vs Shri Yadunandan Ram & anr. ; 	 Sheo Dayal Tewaree vs Judoo nath Tewaree 	 Srinath Das vs Prabodh Chun der Das	 	 Hernangini Dasi vs Kedarnath Kundu Chowdhry I.L.R. K.V. Thangavelu vs The Court of Words	 Madras 	 Sarojinidevi vs Sub rahrnanyam I.L.R. 	 .Jayanti Subbiah vs Alamelu Mangamma I.L.R. and Yellawa vs Bhirnangavda I.L.R. referred to. An examination of the decisions of this Court estab lishes the following principles of law: (i) that the provisions of section 14 'of the 1956 Act must be liberally construed in order to advance the object of the Act which is to enlarge the limited interest possessed by a Hindu widow which was in consonance with the changing temper of the times; [295A] (ii) it is manifestly clear that sub section (2) of section 14 does not refer to any transfer which merely recognises a pre existing right without creating or conferring a new title on the widow. This was clearly held by this Court in Badri Pershad 's case. [295B] (iii) that the Act of 1956 has made revolutionary and far reaching changes in the Hindu society and every attempt should be made to carry out the spirit of the Act which has undoubtedly supplied a long felt need and tried to do away with the invidious distinction between a Hindu male and female in matters of intestate succession. [295C] (iv) that sub section (2) of section 14 is merely a proviso to sub section (1) of section 14 and has to be interpreted as a proviso and not in a manner so as to destroy the effect of the main provision. [295D] Thus on a conspectus of the Shastric Hindu Law	 the provisions of the 1956 ' Act and the decisions of this Court the following conclusions emerge: 1. A Hindu female 's right to maintenance is not an empty formality or an illusory claim but is a tangible right against property which flows from spiritual relationship between the husband and the	 wife and is recognised and enjoined by pure Shastric Hindu law and has been strongly stressed even by the earlier Hindu jurists starting from Yajnavalkya to Manu. Such a right may not be a right to property but is a right against property and the husband has a personal obligation to maintain his wife and if he or the family has property the female has the legal fight to be maintained therefrom. If a charge is created for the main tenance of a female	 the said right becomes a legally en forceable one. At any rate	 even without a charge the claim for maintenance is a pre existing right so that any transfer declaring or recognising such a right does not confer any new title but merely endorses or confirms the pre existing rights. [310 BC] 2. Section 14(1) and the Explanation thereto have been couched in the widest possible terms and must be liberally construed in favour of the females so as to advance the object of the 1956 Act and promote the socio economic ends sought to be achieved by this long needed legislation. [310D] 3. Section 14(2) is in the nature of a proviso and has a field of its own without interfering with the operation of section 14(1) materially. The proviso should not be construed in a manner so as to destroy the effect of the main provision or the protection granted by section 14(1) or in a way so as to become totally inconsistent with the main provision. [310 E] 4. Section 14(2) applies to instruments	 decrees	 awards	 gifts etc.	 which create independent and new titles in favour of the females for the first time and has no application where the instrument concerned merely seeks to confirm. endorse	 declare or recognise pre existing rights. In such cases a restricted estate in favour of a female is legally permissible and section 14(1) will not operate 265 in this sphere. Where	 however	 an instrument merely de clares or recognises a pre existing right	 such as to a claim to maintenance .or partition or share to which the female is entitled	 the sub section has absolutely no appli cation and the female 's limited interest would automatically be enlarged into an absolute one by force of section 14(1) and the restrictions placed	 if any	 under the document would have to be ignored. Thus where a property is allotted or transferred to a female in lieu of maintenance or a share at partition	 the instrument is taken out of the ambit of sub section (2) and would be governed by section 14(1) despite any re strictions placed on the powers of the transferee. [310F G] 5. The use of express terms like "property acquired by a female Hindu at a partition"	 "or in lien of maintenance"	 "or arrears of maintenance" etc.	 in the Explanation to section 14(1) clearly makes sub section (2) inapplicable to these catego ries which have been expressly excepted from the operation of sub section [310H] 6. The words "possessed by '	 in section 14(1) are of the widest amplitude and . include the state of owning a proper ty even though the owner is not in actual or physical pos session of the same. Thus	 where a widow gets a share in the: property under a preliminary decree before or at the time. when the 1956 Act had been passed but had not been given actual possession under a final decree	 the property would be deemed to be possessed by her and by force of section 14(1) she would get absolute interest in the property. It is equally well settled that the possession of the widow	 however	 must be under some vestige of a claim	 right or title	 because the section does not contemplate the posses sion of any rank trespasser without any right or title. [311 A B] 7. That the words "restricted estate" used in section 14(2) are wider than limited interest as indicated in section 14(1) and they include not only limited interest but also any other kind of limitation that may be placed on the transferee. [311 C] In the instant case	 the properties in dispute were allotted to the appellant under a compromise certified by the Court. Secondly	 the appellant had taken only a life interest in the properties and there was a clear restriction prohibiting her from alienating the properties. Thirdly	 despite these restrictions	 she continued t0 be in posses sion of the properties till the alienations which she had made in 1960 and 1961 were after she had acquired an abso lute interest in the properties. Naraini Devi vs Smt. Ramo Devi & ors [1976] 1 S.C.C.574 over ruled. S.S. Munnalal vs S.S. Rajkumar [1962] Supp. 3 S.C.R. 418; Eramina vs Verrupanna ; Mangal Singh vs Smt. Rattno ; ; Sukhram & anr. vs Gauri Shankar & anr. ; ; Badri Parshad vs Smt. Kanso Devi ; and Nirmal Chand vs Vidya Wanti (dead) by her Legal Representative C.A. 609 of 1966 decided on January 21	 1969 referred to. B.B. Patil vs Gangabai A.1.R. ; Gaddam Reddayya vs Varapula Venkataraju & Anr. A.I.R. 1965 A.P. 66; Sumeshwar Mishra vs Swami Nath Tiwari A.I.R. 1970 pat. 348; H. Venkanagouda vs Hansumangouda A.I.R. 1972 Mys. 286; Smt. Sharbati Devi vs Pt. Hiralal & Anr. A.I.R. 1964 Punjab 114; Sasadhar Chandra Der vs Smt. Tara Sundart Desi A.I.R. 1962 Cal. 438	 approved. Narayan Patra vs Tara Patrant [1970] 36 Cuttack Law Times A.I.R. 1970 Orissa 131; Shiva Pulan Rai & Ors. vs Jamuna Missir & Ors. I.L.R. 47 Pat. 1118; Gopisetti Kondaiah vs Gunda Subbarayudu I.L.R. ; Ram Jag Misir vs The Director of Consolidation	 U.P. ; Ajab Singh & Ors. vs Ram Singh & Ors. A.I.R. 1959 L & K. 92; Surnadham vs Sundararajulu I.L.R. ; Kacha palaya Gurukkal vs V. Subramania Gurukkal A.I.R. 1972	 Mad. 279 not approved.