Supreme Court of India · 1969-08-26
BADRI PERSHAD vs SMT. KANSO DEVI
- Citation / case number
- SC 1966/60297
- Court
- Supreme Court of India
- Petitioner
- BADRI PERSHAD
- Respondent
- SMT. KANSO DEVI
- Author
- A.N. GROVER
- Bench
- A.N. GROVER
Judgment text excerpt
The Supreme Court held that under Section 14(1) of the Hindu Succession Act, 1956, a widow who was allotted her share of property through an arbitration award prior to the Act's commencement became a full owner of that property. The Court clarified that the terms 'possessed' and 'acquired' in Section 14(1) encompass both actual and constructive possession, thus allowing the widow to transition from a limited owner to a full owner upon the Act's enforcement. The judgment affirmed the applicability of Section 14(1) over Section 14(2) in this context, establishing that the widow's rights were fully recognized under the new law despite her previous limited ownership status.