Pre-existing Hindu widow's property right enlarged to absolute ownership on partition; Section 14(2) applies only to fresh restricted grants.

Section 14(1) of the Hindu Succession Act has wide scope and enlarges a Hindu female's pre-existing property rights into full ownership, including property acquired and later allotted on partition. Section 14(2) is a narrow exception and applies only where property is acquired for the first time under an instrument, decree, order or award that itself creates a restricted estate. A Hindu widow who already had a share and right to partition under the Hindu Women's Right to Property Act, 1937, and later received specific allotment by award and decree, was not taking a fresh restricted grant. Her limited estate therefore became absolute ownership, and Section 14(2) did not apply.

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Issues: Whether a Hindu widow who had acquired an interest in her husband's property under the Hindu Women's Right to Property Act, 1937 and whose share was later separated by partition under an award fell within Section 14(1) of the Hindu Succession Act or within Section 14(2), and whether she became full owner of the allotted property.

Analysis: Section 14(1) is of wide amplitude and applies to property possessed by a female Hindu and acquired before or after the commencement of the Act, including property acquired at a partition. The words "possessed" and "acquired" are to be read broadly. Section 14(2) operates as an exception and applies only where property is acquired for the first time under an instrument, decree, order or award that itself prescribes a restricted estate, and not where the female already had a pre-existing right. A widow who had an existing share and right to partition under the Hindu Women's Right to Property Act, 1937, and who later received specific allotment on partition, was already possessed of and had acquired the property before the commencement of the Hindu Succession Act. The award and decree merely worked out the partition and did not create a fresh restricted grant so as to attract Section 14(2).

Conclusion: The widow became full owner of the suit property under Section 14(1), and Section 14(2) did not apply.

Ratio Decidendi: Where a Hindu female has a pre-existing right in property and the property is later allotted to her on partition, her limited estate is enlarged into absolute ownership under Section 14(1) of the Hindu Succession Act unless the instrument or decree creates a restricted estate for the first time.

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