Hindu widow's gift for daughter's marriage upheld when made in fulfilment of an ante-nuptial promise.

A Hindu widow in possession of her husband's restricted estate could validly gift a reasonable portion of the property to her daughter as marriage dowry in fulfilment of an ante-nuptial promise. Hindu law treats a daughter's marriage as a religious and moral duty, and permits such an alienation if the value is reasonable having regard to the estate. The gift need not be executed at the exact time of the marriage ceremony if made later in discharge of the promise. Section 123 of the Transfer of Property Act regulates the mode of gift but does not cut down the widow's substantive power under Hindu law. The gift was therefore valid and binding on the reversioners.

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Issues: Whether a Hindu widow, who held a restricted estate in her husband's property, could validly make a gift of a reasonable portion of that property to her daughter as marriage dowry in fulfilment of an ante-nuptial promise, even though the registered deed was executed after the marriage.

Analysis: The antecedent findings established that there was an ante-nuptial agreement to give the daughter four houses as dowry, that the value of the gift was not unreasonable having regard to the size of the estate, and that the deed was executed in fulfilment of that promise. Hindu law recognises the marriage of a daughter as a religious and moral duty, and permits a widow in possession of her husband's estate to make a gift of a reasonable portion for that purpose. Such a gift need not be confined to the precise moment of the marriage ceremony if it is made later in discharge of the promise and within the limits of reasonableness. Section 123 of the Transfer of Property Act governs the mode of making a gift but does not curtail the Hindu widow's substantive power under Hindu law to make such an alienation.

Conclusion: The gift was valid and binding on the reversioners, and the contrary view of the High Court was erroneous.

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