UDHAV SHANKAR GANGAWANE Vs. TARABAI

JUDGEMENT

(1.) THIS second appeal raises a question of interpretation of section 14 (2) of the Hindu Succession Act, 1956.

(2.) SAKHARAM and Sitabai were the father and mother respectively of Govind and Shankar. Sakharam died in 1945 and Govind a few days after him, leaving widows Anusaya and Kamalabai, defendants 2 and 3 and daughter Tarabai, defendant No. 1. These three filed a suit for partition against Sitabai and Shankar and a decree was passed. Sitabai was awarded in lieu of her one-third share postal cash certificates of the value of Rs. 10,000/- for her enjoyment for her lifetime. After her death, the corpus was to go to Shankar. Sitabai died on March 22, 1958. After her death, Shankar obtained succession certificate in respect of the certificates but he was required to furnish security for safeguarding the share of Anusayabai and Tarabai if any in the said amount. The heirs of Shankar filed the suit for declaration of their title contending that the share certificates were of the exclusive ownership of Shankar after Sitabai's death and after him of their ownership. Trial Court decreed the suit but the District Court modified the decree, holding that they had only a one-half share and the other one-half share belonged to Tarabai, defendant No. 1, Govind's daughter.

(3.) SECTION 14, sub-section (1) provides that a female holding an estate shall be deemed to be an absolute owner of the same and sub-section (2) which is an exception is : "nothing contained in the sub-section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a Civil Court or under an ward. . . . . . . . . . . . . . . . . where the terms of. . . . . . . . . . . . decree or order. . . . . . . . . . . . . . . . . . prescribe a restricted estate in such property".