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Badri Pershad vs Smt. Kanso Devi on 26 August, 1969

But this point is now settled by the Supreme Court in Badri Pershad case (supra). The Court observed that sub-section (2) of section 14 is more in the nature of a proviso or an exception to sub-section (1) and comes into operation only if acquisition in any of the methods indicated therein is made for first time, without there being any pre-existing right in the female Hindu who is in possession of property. Sub-section (2) of section 14 would apply to cases in which the instrument mentioned therein is the source or foundation of the right or title to the property. It must be noticed that the explanation appended to sub-section (1) of' section 14 assumes that the property acquired by a Hindu female in lieu of maintenance is~ a property of limited ownership. This explanation is important because of Section 4 of~ the Act provides, so far relevant, that save as, otherwise expressly provided any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of this Act shall cease to have effect to any matter for which provision is made in this Act.
Supreme Court of India Cites 13 - Cited by 87 - A N Grover - Full Document
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