TaxTMI 
TaxTMI 
1999 (2) TMI 65
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....fter the death of the testator's wife, Smt. Bhagwati Bai. Smt. Bhagwati Bai, widow of Nanho Dubey, was given only a life interest in the said house in lieu of her maintenance. Nanho Dubey died in May, 1943. After the death of the testator, his widow, Smt. Bhagwati Bai, entered into the possession of the house for her life time. On March 28,1962, Smt. Bhagwati Bai executed a gift deed in respect of house No. 27 in favour of her daughter who is the appellant before us. It is at this stage, the plaintiff-respondent filed a suit for declaration that the gift deed dated March 28, 1962, executed by Smt. Bhagwati Bai in favour of her daughter is illegal and void. The trial court dismissed the suit on the ground that Smt. Bhagwati Bai having posses....
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.... husband and by such union the wife becomes part and parcel of the husband. Under the Shastric Hindu law, after marriage it is a pious obligation on the part of the Hindu husband to maintain his wife during his life time and after his death the widow is to be maintained out of the property of the husband if the husband has left any property. This was on account of spiritual relationship between a Hindu husband and wife. This principle was statutorily recognized by the enactment's known as the Hindu Women's Rights to Property Act, 1937, and the Hindu Married Women's Rights to Separate Residence and Maintenance Act, 1946. Under these two Acts, the right to maintenance of a Hindu widow was preserved as a pre-existing right. After independence ....
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.... to which she has a limited interest which by virtue of the provisions of the Act of 1956 is enlarged into an absolute title ; (3) Section 14(2) applies only to cases where the grant is not in lieu of maintenance or in recognition of pre-existing rights but confers a fresh right or title for the first time and while conferring the said title certain restrictions are placed by the grant or transfer. Where, however, the grant is merely in recognition or in implementation of a pre-existing right to claim maintenance, the case falls beyond the purview of section 14(2) and comes squarely within the explanation to section 14(1)." The aforesaid case was followed in Runt Kali v. Choudhri Ajit Shankatr [1997] 9 SCC 613. This court held in Ram Ka....
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....r that sub -section (1) of section 14 applies to cases where the conferment of right to a Hindu widow was in lieu of maintenance or in recognition of her pre-existing right as provided under the Shastric law and the Hindu Women's Rights to Property Act. Sub-section (2) of section 14 of the Act would apply only to such cases where the grant conferred a fresh right or title for the first time and while conferring the said right certain restrictions were placed by the grant or transfer. In the present case, the widow was conferred the limited right in lieu of maintenance in recognition of her pre-existing right. The limited interest conferred upon her by virtue of the will being in lieu of maintenance and in recognition of her pre-existing r....