wife will get absolute right in property if his husband was having only life interest in said property

In the instant case, there is nothing on record to show that the property in the hands of Chhimli came in lieu of maintenance or on account of arrears of maintenance. The property in her hands came as a result of she being a successor of Sheo Lal. Sheo Lal did not possess any property. He had only life interest in the property which did not enlarge into a full right because Section 14(1) does not recognize the pre-existing right of a Hindu male. Smt. Chhimli could not have acquired a better right than her husband had in the property in dispute. Right of Sheo Lal, as also Smt. Chhimli, flows from the decree. Therefore, her right would not mature into full-fledged ownership by virtue of Section 14(1). She has acquired the right by virtue of the compromise decree for the first time. Therefore, Section 14(2) would apply to the instant case.

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 7919 of 2011

Decided On: 08.05.2018

 Basanti Devi (dead)  Vs. Rati Ram and Ors.

Hon'ble Judges/Coram:

N.V. Ramana and S. Abdul Nazeer, JJ.

Citation:(2018) 16 SCC 608