What is the core question in this case?

Whether Section 14(1) of the Hindu Succession Act turned the widow’s limited interest into an absolute estate, or whether Section 14(2) kept it restricted.

When does Section 14(1) convert a limited interest to absolute?

When the property is given in recognition of a pre-existing right of maintenance or as a share in partition; possession can be constructive, not just physical.

Does a mere trespasser get protection under Section 14(1)?

No. The possession must be under a claim, right, or title—such as a maintenance right—not as a rank trespasser.

What does ‘restricted estate’ in Section 14(2) cover?

It includes a life interest created by an instrument that confers a new right with explicit restrictions—unless the grant is in lieu of maintenance or similar pre-existing right.

What did the Supreme Court ultimately hold?

It upheld that the widow’s interest became absolute under Section 14(1) because the grant was tied to her maintenance; the High Court’s view required no interference.

Jupudy Pardha Sarathy v. Pentapati Rama Krishna & Ors

Jupudy Pardha Sarathy v. Pentapati Rama Krishna & Ors.

CASE_TITLE • PUBLISH_DATE: 2025-10-31 • AUTHOR_NAME: Gulzar Hashmi • LOCATION: India

PRIMARY_KEYWORDS: HSA 14(1), HSA 14(2), widow, maintenance, life estate

SECONDARY_KEYWORDS: restricted estate, will, absolute ownership, possession

Slug: jupudy-pardha-sarathy-v-pentapati-rama-krishna-ors

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Quick Summary

This case explains how Section 14 of the Hindu Succession Act, 1956 works for a widow’s right in property. If the property is given to her in lieu of maintenance or as her share, her limited interest can become an absolute estate under Section 14(1). Section 14(2) keeps a restriction only when the grant creates a new limited right by instrument.

“Possessed by” in Section 14(1) includes legal/constructive possession—final decree is not necessary.
Grant tied to maintenance → absolute ownership; trespass without title is not protected.
Supreme Court approved the High Court view that the widow became absolute owner under Section 14(1).

Issues

Did the High Court correctly apply Section 14 in holding that the widow’s interest became absolute?
What is the difference between Section 14(1) (expansive) and Section 14(2) (restricted estate by instrument)?

Rules

Section 14(1): “Possessed by” includes constructive/legal possession. If property is given for maintenance or as her share, any limits vanish and the widow gets absolute title.
Section 14(2): If an instrument creates a new, restricted estate (not in recognition of a pre-existing right), the restriction stands.
No protection for trespass: Possession must be backed by right/claim/title, not as a rank trespasser.

Facts (Timeline)

Timeline graphic: wills, widow’s life estate, subsequent sales

Original owner: P. Venkata Subba Rao. He executed a Will (1920) in favour of his third wife, Veeraghavamma.

Life estate: Will language showed a life interest for the widow; intention linked to her support/maintenance.

Later events: Veeraghavamma executed a Will in 1971 in favour of Pentapati Subba Rao.

Claim chain: Plaintiff bought from heirs who said the widow had only a life estate; after her death, remainder vested in them.

Trial court: Treated widow’s interest as life estate; held remainder absolute in Narasimha Rao—sale to plaintiff valid.

High Court: Reversed; held widow became absolute owner under Section 14(1); her bequest valid.

Supreme Court: Considered scope of §14(1) vs §14(2), maintenance right, and constructive possession.

Arguments

Appellant (Purchaser)

Widow had only a life estate under the Will → remainder vested in heirs/vendor.
Section 14(2) applies; instrument created/kept a restricted estate.

Respondents (Through Widow’s Title)

Grant was in lieu of maintenance → attracts Section 14(1).
“Possessed by” includes constructive possession; absolute title flows despite “life interest” words.

Judgment (Held)

Section 14(1) is wide: “possessed by” covers constructive/legal possession; final decree not essential.
Where a widow receives property for maintenance or as a share in partition, any limit becomes absolute ownership.
Section 14(2) cannot nullify §14(1) or Section 30; it applies only to a new grant with a genuine restriction, not to recognition of a pre-existing right.
On the facts, the Will showed the property was meant to support the widow; therefore her estate ripened into absolute title under §14(1). High Court view required no interference.

Ratio

If the grant is tied to the widow’s pre-existing right of maintenance, Section 14(1) enlarges a limited estate into an absolute one. Section 14(2) applies only where the instrument creates a new, truly restricted estate not rooted in a pre-existing right.

Why It Matters

Clarifies widow’s property rights under HSA §14.
Explains how maintenance converts life interest to absolute title.
Helps draft and interpret wills/settlements involving restricted estates.

Key Takeaways

Maintenance Link

Grant in lieu of maintenance → §14(1) absolute estate.

New Grant Only

§14(2) protects genuine, newly created restricted estates.

Possession Broad

Constructive/legal possession is enough under §14(1).

No Trespass Shield

Rank trespassers cannot invoke §14(1).

Mnemonic + 3-Step Hook

Mnemonic: “Maintain → Magnify” (Maintenance grant magnifies a life interest to absolute)

Spot the Right: Is the grant for maintenance/share?
Check Possession: Constructive/legal possession is enough.
Test §14(2): New restricted grant? If not, apply §14(1).

IRAC

Issue	Rule	Application	Conclusion
Does the widow’s life interest become absolute under HSA §14?	§14(1): maintenance/share → absolute; §14(2): new restricted grant stays limited.	Will intended support; widow deemed “possessed by” → §14(1) applies.	Widow’s estate is absolute; High Court view affirmed.

Glossary

Maintenance Right: A widow’s pre-existing right to be supported from the husband’s property.
Constructive Possession: Legal control/entitlement without physical occupation; enough for §14(1).
Restricted Estate: A new, limited interest created by instrument; preserved by §14(2).