existing right in the widow, The
widow would be getting the property in virtue of her pre-
existing right, the instrument giving the property being ... legal obligation to maintain the widow. [286 D]
(ii) though the widow's right to maintenance is not a
right to property
Section 2 in The Hindu Widows' Remarriage Act, 1856
2. Rights of widow in deceased husbands property to cease on her marriage
.All rights
rightly deemed a valid consideration so far as it may extend.
11. I refrain from expressing any opinion as to the rights of a widow ... widow except the widow of a father, a distinction may be taken, and has been pressed upon us, as to her rights in ordinary cases
would become entitled to the same rights and subject to the same obligations, the rights including a right by her husband to interdict an alienation ... show that the right of maintenance was a lesser right the better right being a share and a right to partition such share must
Hindu Widows' Remarriage Act, 1856
5. Saving of rights of widow marrying, except as provided in sections 2 to 4
.Except ... which she would otherwise be entitled; and every widow who has remarried shall have the same rights of inheritance as she would have
heirs to a deceased male e.g. widow, son's widow and grandson's widow. Thereby a change was made in the general ... right of partition. From this they proceeded to say that as such a right has been given to a widow under
leaving behind two widows, one daughter and one brother. The senior widow's children and the junior widow alleged that they were in peaceful ... right to retain possession is a substantial right, and that the right being a real one, the heirs of the' widows were entitled
right of maintenance and the extent to which it conferred a right in relation to property and observed that the right of the widow ... testator and the only right that Kalawati had in relation to the property was the right of maintenance as the widow of a pre-deceased
section 5 , saves certain rights, in these terms :~
"5. Saving of rights of widow marrying, except as provided in sections 2 to 4 . Except ... rights in relation to property (such as, rights to inheritance and maintenance) and other rights leg'-°"at'°"'
(such as, rights
with it the legal
obligation to maintain the widow.
298
(2) Though the widow's right to maintenance is
not a right to property ... existing right in
the widow. The widow would be getting the property in
virtue of her pre-existing right, the instrument giving
the property being
