Widow's maintenance-based allotment enlarges into absolute ownership under Section 14(1), defeating restrictive testamentary clauses.

Property allotted to a Hindu widow in recognition of a pre-existing right to maintenance is treated as falling within Section 14(1) of the Hindu Succession Act, 1956, which enlarges a limited interest into absolute ownership. Section 14(2) applies only where the instrument creates a new and independent title for the first time, and not where it merely acknowledges an existing right. Restrictions on alienation in the will do not prevent enlargement under Section 14(1) once the widow is in possession on the Act's commencement. The widow's interest therefore became absolute, and the restraint on alienation did not continue.

---

---

Issues: Whether the widow's interest under the will was a limited estate protected by Section 14(2) of the Hindu Succession Act, 1956, or whether it enlarged into an absolute estate under Section 14(1).

Analysis: The bequest was made in recognition of the widow's pre-existing right to maintenance. Property given in satisfaction of such a right falls within Section 14(1), which is to be construed liberally to enlarge a Hindu female's limited interest into absolute ownership. Section 14(2) applies only where a new and independent title is created for the first time, and does not apply where the instrument merely confirms or recognises an existing right. The restrictions on alienation in the will could not prevent the operation of Section 14(1) once the widow was in possession of the property on the commencement of the Act.

Conclusion: The widow acquired absolute title to the suit house, and the restraint on alienation did not survive; the appellant succeeded.

Ratio Decidendi: Where property is allotted to a Hindu female in recognition of a pre-existing right to maintenance, any limited interest created by the instrument enlarges into absolute ownership under Section 14(1) of the Hindu Succession Act, 1956, and Section 14(2) does not apply.

---