A limited interest created in whatever form in favour of a widow who was having a pre-existing right of maintenance, becomes an absolute right by the operation of Section 14(1) of the Hindu Succession

Supreme Court has held that a limited interest created in whatever form, in favour of widow who was having a pre-existing right of maintenance becomes an absolute right by the operation of Section 14 of the Hindu Succession Act. The Will Relevant portion of the Will of A reads as follows- “My third wife Veeraghavamma shall enjoy for life the tiled house with site and compound wall and with half right in the well covered by municipal D.No.6/875, Rajahmundry and after life time of my wife my 2nd son Narasimha Rao shall have the property with absolute rights such as gift, sale etc.” Intention of Executant was to maintain his widow The Court, after a holistic reading of the Will, held that the executant of the Will made arrangements for his third wife to maintain her enjoyment in the suit schedule property till her life. Property given in lieu of maintenance not hit by Section 14 The court referred to its own decision in Nazar Singh and Others vs. Jagjit Kaur and Others, 1 SCC 35 wherein it was held that when a property is given to a female Hindu towards her maintenanceshe becomes the absolute owner thereof the moment she is placed in possession of the said property notwithstanding the limitations and restrictions contained in the instrument, grant or award whereunder the property is given to her. The court further said “Though no specific word has been mentioned in Exhibit A-2 that in lieu of maintenance life interest has been created in favour of Veeraraghavamma, in our opinion in whatever form a limited interest is created in her favour who was having a pre-existing right of maintenance, the same has become an absolute right by the operation of Section 14 of the Hindu Succession Act”.