Widow's pre-existing maintenance right enlarged into absolute ownership under Hindu succession law; restricted estate provision did not apply.

A widow's pre-existing right to maintenance under Hindu law was recognised as a limited interest that was enlarged into absolute ownership under section 14(1) of the Hindu Succession Act, 1956 when property was given in lieu of that maintenance. Section 14(2) applies only where an instrument creates a fresh right or title for the first time and imposes restrictions at the same time. Because the will merely acknowledged and implemented the widow's existing right, it did not create a new restricted estate. The widow therefore became the absolute owner of the house and was competent to execute the gift deed.

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Issues: Whether a widow's right to possession of property granted under a will in lieu of maintenance, and in recognition of her pre-existing right, fell under section 14(1) of the Hindu Succession Act, 1956 so as to enlarge into absolute ownership, or under section 14(2) so as to remain a restricted estate.

Analysis: The widow's right to maintenance was treated as a pre-existing right under Hindu law and the statutory regime preceding the Hindu Succession Act, 1956. Where property is given in lieu of maintenance or in recognition of such pre-existing right, the limited interest is enlarged into full ownership under section 14(1). Section 14(2) applies only when a fresh right or title is created for the first time by an instrument or grant and restrictions are simultaneously imposed. The will in the present case did not create a new title for the first time, but merely recognised and implemented the widow's existing right to maintenance.

Conclusion: The widow became the absolute owner of the house under section 14(1) of the Hindu Succession Act, 1956 and was competent to execute the gift deed; section 14(2) did not apply.

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