NDLI: Jagannathan Pillai Vs. Kunjithapadam Pillai & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Hindu Succession Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Hindu Succession Act, 1956 (30 of 1956)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Hindu Succession Act, 1956: S. 14 (1)-Hindu widow regains possession of property subsequent to commencement of Act-Nature of her right or interest-Whether full or limited owner. ' Section 14(1) of the Hindu Succession Act, 1956 provides that any property possessed by a female Hindu, whether acquired before or after the commencement of the Act shall be held by her as full owner thereof and not as a limited owner. The Explanation to the sub-section included property acquired by a female Hindu by purchase within the expression 'property.' The Hindu widow, In the instant case, who bad acquired a limited estate from her husband by reason of his death was not In possession on the date of the enforcement of the Act, she having transferred the property in favour of an alienee. But, later the possession was restored to her upon the original alienee reconveying the property to her, reversing the transaction. Her right to the said property was assailed by the appellant before the Madras High Court and a question arose as to whether upon the reconveyance or the very 'property, which she had , alienated, after the enforcement of the Act she would become full owner In respect of such a property by virtue of s. 14(1) of the Act.The High Court following Its earlier view In Chinnakolandai Goundan v. Thanji Gounder, (ILR 1966 I Madras 326) and that of Punjab High Court in Teja Singh v. Jagat Singh, (AIR 1964 Punjab 403), Bombay High Court in Ramgowda Aunagowda v. Bhausaheb, (ILR 52 Bom. 1) and Gujarat High Court in Champa v. Chandrakant (Am 1973 Gujarat 227), held that she would become an absolute owner or such a property In the aforesaid situation. In this appeal by certificate, it was contended for the appellant, relying on the view pronounced by the Orissa High Court in Ganesh Mahanta v. Sukria Bewa, (AIR 1963 Orissa 167) and Andhra Pradesh High Court In Medicherla Venkataratnam v. Siddani Palamma, 1970 II Andhra Weekly Reporter 264), that s. 14(1) of the Act does not come Into play in the case of a retransfer of the property to the widow subsequent to the commencement of the Act, as the transferee or the donee who had only a limited interest, cannot transfer a title higher than the title that they themselves had in the property.
Judge	Hon'ble Mr. Justice M.P. Thakkar
Neutral Citation	1987 INSC 118
Petitioner	Jagannathan Pillai
Respondent	Kunjithapadam Pillai & Ors.
SCR	[1987] 2 S.C.R. 1070
Judgement Date	1987-04-21
Case Number	1196

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