Legal Question in Real Estate Law in
In one of the previous answers it was mentioned that under the Section 14 of women's right to property act, a female hindu gets absolute powers on an immovable property which is in her possession irrespective of in whatever way it is received.
If the wife receives the plot by will from her husband but with the condition that she can only maintain it until her death but not sell or gift out(after her death it was mentioned that sons become absolute owners),then does it apply?Irrespective of that condition, can she sell or gift out just because it is possessed by her legally from more than 12 years?
3 Answers from Attorneys
no, the property would be devolved by will and not by sec. 14.....only self acquired property can be willed away and the sec. applies to intestate succession.
Once the property has been willed to a lady she has all the rights to sell of the same by will as she will be the absolute owner after the death of her husband and consult your advocate as there are judgments that she can sell the property and right to children shall transfer only after her death so she is the absolute owner
section 14 determines the absoluteness of the receipt of the property in hands of women.
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