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A will creates a life estate in property in favour of a Hindu woman for the first time. The will does…

Section 14(2) preserves a restriction expressly imposed by a will that creates the woman’s interest for the first time. A grant in recognition of a pre-existing right can…

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A will creates a life estate in property in favour of a Hindu woman for the first time. The will does not recognize or satisfy any pre-existing right of hers. What is the effect of section 14 of the Hindu Succession Act, 1956?

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Answer and explanation

Correct answer B

Section 14(2) preserves a restriction expressly imposed by a will that creates the woman’s interest for the first time.

A grant in recognition of a pre-existing right can instead fall within section 14(1), as the Supreme Court explained in V. Tulasamma v Sesha Reddi.

Option feedback

Option A

Section 14(2) excepts a newly created restricted estate granted by will on these facts.

Option B

The will creates a fresh limited estate, bringing the restriction within section 14(2).

Option C

The provision preserves qualifying restrictions. It does not invalidate the estate.

Option D

A will is expressly among the instruments to which section 14(2) can apply.

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