Hindu widow has absolute ownership of property she is being maintained out of: Supreme Court

The Bench of Justices Ajay Rastogi and Bela Trivedi held that Section 14(1) envisages a liberal construction favouring women to promote

"It is by Section 14(1) of the Act of 1956, that the Hindu widow’s limited interest gets automatically enlarged into an absolute right when such property is possessed by her whether acquired before or after the commencement of 1956 Act instead of her right to maintenance," the bench held.

The main question before the apex court was whether the respondent became the complete owner of the suit property instead of her pre-existing right of maintenance and whether such limited ownership right had been
fructified into full ownership by Section 14(1).

Section 14 of the Act states:

14. Property of a female Hindu to be her absolute property.

(1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner.

Clause (2) clarifies that such property would include property acquired by a Hindi woman instead of maintenance or arrears of maintenance.