A MERE RIGHT TO CLAIM MAINTENANCE AGAINST PROPERTY CAN NOT BE EQUATED TO HOLDING A SHARE IN THE JOINT FAMILY PROPERTY

K.V.S.S.PRABHAKAR RAO ADVOCATE, RAJAHMUNDRY (ANDRHA PRADESH )

A) Hindu Succession Act, 1956 in lieu of a pre-existing right of

maintenance. the land would become her absolute property under section 1491) of the Act. For the purpose of holding that a female in a joint Hindu Family had a pre-existing right to maintenance under Hindu law and that the case fell within section 14(1) and not under section 14(2), Fazal Ali. J. in a separate judgment described a Hindu wife as one half of the body of her husband and as one who could be treated as a 'co-owner' of the property in a subordinate sense. The context in which those observations were made was different. Further, we do not, however. find any such observations in the majority judgment of Bhagwati, J. (as he then was ) with whom A.C. Gupta, J. agreed. We are of the view, as already stated that a wife or a mother in a Hindu joint family does not basically have a share in the joint family property and she has on a right to maintenance and the mere existence of such a right against the joint family property as on 15.2.1970 could not, in law, be treated as being equivalent to 'holding' a share in the joint family property, as on that date.
1. V. Tulasamma & Others vs. Sesha Reddy (Dead) By Lrs. 1977 AIR 1944, 1977 SCR (3) 2611977 (3) SCC 99=MANU/SC/0380/1977=1977 HLR 287

2. A.G. Varadarajulu & Anr vs The State Of Tamil Nadu & Ors (1998 AIR 1388, 1998( 2 )SCR 390, 1998( 4 )SCC 231, 1998( 2 )
SCALE441 , 1998( 2 )JT 597 , MANU/SC/0232/1998 ) B) Hindu Succession Act, 1956---Section 14(1), (2)--Appli- cation and

object of--Whether life estate of a widow under a will becomes absolute estate. Hindu Succession Act, 1956--Section 14(1), (2)--Con- struction-Whether retrospective--Acquisition of property by female Hindu-Methods-Widow's estate--Legatee's entitlement---Whether restrictive convenant stands as impediment to section 14(1). Will--Widow's estate--Restrictions--Right to maintenance--Preexisting right over the property--'Res ad rem'--Obliteration of testamentary succession with restrictive conditions w.e.f. 17.6.1956 by Hindu Succession Act, 1956--Effect of. Thota Sesharathamma And Anr vs Thota Manikyamma (Dead) By Lrs. ..Equivalent citations: 1991 SCR (3) 717, 1991 SCC (4) 312= MANU/SC/0621/1991 , 1991( 2 )SCALE434 , 1991( 3 )JT 506 =================================