The Supreme Court held that when a Hindu woman is given only a restricted estate in property, then she cannot claim to be the absolute owner of the property due to the application of Section 14(2) of the Hindu Succession Act 1956.Hence, such a property cannot be bequeathed through a Will.

The property possessed by a Hindu woman will transform into absolute ownership by virtue of Section 14(1) only if it was based on any pre-existing right or in lieu of maintenance, the Court explained. However, when the deed itself gives a limited life interest in the property, it will not transform into absolute ownership. This aspect is clear from Section 14(2) of the Act, the Court noted.