SURESH GOVIND MANDAVGANE Vs. RAGHUNATH MORESHWAR PENDSE

JUDGEMENT

(1.) The question which has been referred to us by the learned single Judge is whether the property which was given to the widow in lieu of her maintenance under the Will dated November 27, 1947 executed by her husband, had become of her full ownership under section 14(1) of the Hindu Succession Act, 1956 (hereinafter referred to as the Act,.

(2.) The facts necessary to appreciate the question of law are as under: One Dadaji died leaving certain properties. He had two sons Govinda and Vinayak. Vinayaks son was one Shridhar. Govinda had two sons and a daughter. Defendants 1 and 2 are the sons and defendant No. 3 is the daughter. Vinayak died while he was joint with Govinda. Thereafter there was a partition between Govinda, his sons and his nephew Shridhar and in that partition the suit property which consisted of a house and some agricultural lands come to the share of shridhar. Shridhar died on October 20, 1948 leaving his widow Ramabhai. Before his death, Shridhar had executed a will on November 27, 1947. Under the Will, he had bequeathed the entire property to his widow Ramabhai. Under the terms of the Will she was to enjoy the property for her life only. The Will further directed that after her death the property was to go to the plaintiff who was Shridhars disciple and manasputra.

(3.) Ramabhai died on January 15, 1971 while she was in possession of the suit property. Before her death, she made a will on March 27, 1970, and bequeathed the suit property to defendant No. 2 who, as stated above, is one of the sons of Govinda.