Widow's estate and Hindu succession: Section 14 did not enlarge title, while Section 8 governed devolution on her death.

A widow who had previously gifted the property and was not in legal possession of the inherited estate when the Hindu Succession Act, 1956 came into force did not acquire full ownership under Section 14, so the later gift was ineffective. On her death, succession to the limited estate opened at that time and was governed by Section 8 of the Act, which applies prospectively to devolution after the Act's commencement. The daughter therefore succeeded under Section 8, and the pre-existing customary Hindu law excluding daughters did not govern. The appellants' claim based on customary law failed.

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Issues: (i) Whether the widow became full owner of the property under Section 14 of the Hindu Succession Act, 1956 so as to validate the later gift in favour of the respondent; (ii) Whether succession to the estate on the widow's death was governed by Section 8 of the Hindu Succession Act, 1956 or by the pre-existing customary Hindu law excluding a daughter.

Issue (i): Whether the widow became full owner of the property under Section 14 of the Hindu Succession Act, 1956 so as to validate the later gift in favour of the respondent.

Analysis: The widow had previously gifted the property and was not in legal possession of the inherited estate when the Hindu Succession Act came into force. Section 14, which enlarges a limited estate into full ownership where the female heir is in possession, did not assist her in these circumstances. The later gift could not therefore derive validity from an absolute title under that provision.

Conclusion: The widow did not become full owner under Section 14, and the subsequent gift was ineffective.

Issue (ii): Whether succession to the estate on the widow's death was governed by Section 8 of the Hindu Succession Act, 1956 or by the pre-existing customary Hindu law excluding a daughter.

Analysis: The succession to a limited owner's estate opens on her death, and the law then in force governs the devolution. Section 8 is prospective and applies when succession opens after the Act, even if the last male holder had died earlier. Reversioners have only a mere spes successionis during the widow's lifetime, and no vested right is impaired by applying the statute at the time of the widow's death. On that basis, the daughter succeeded under Section 8 and the prior customary rule excluding daughters from ancestral property did not govern.

Conclusion: Succession was governed by Section 8 of the Hindu Succession Act, 1956, in favour of the respondent.

Final Conclusion: The appeal failed because the statutory succession rule applied on the widow's death, displacing the appellants' claim under customary law.

Ratio Decidendi: Where a female limited owner dies after the commencement of the Hindu Succession Act, succession to the estate opens on her death and is governed by Section 8 of the Act, not by the law prevailing when the last male holder originally died.

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