REVISITING V. TULASAMMA AND ORS. VS SESHA REDDY (DEAD) BY LRS.: AN OVERVIEW AND SOCIAL ANALYSIS
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Abstract
(i) Where property is given to a Hindu female in lieu of maintenance under an instrument and the instrument restricts the nature of the interest given to her in the property. In such a situation, it must be determined whether it is sub-section (1) or sub-section (2) of Section 14 of the Hindu Succession Act, 1956 that applies. In brief, the issue is to decide whether in the situation, the appellant will receive the said property as a limited estate or as her absolute property.
If sub-section (1) applies, then the limitations on the nature of her interest are wiped out and she becomes the full owner of the property. On the other hand, if sub-section (2) governs such a case, her limited interest in the property is not enlarged and she continues to have the restricted estate prescribed by the instrument.
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