Hindu Succession Act, 1956–Sec. 14(1)–Applicability–Original owner BH executed the gift deed in favor of B for the purpose of maintenance–Only lifetime rights were given to her–Earlier, suit filed by respondent D was decreed with findings of lifetime rights in favor of B and the judgment and decree attained finality–Thereafter, BH executed the regd. Will in favor of son D and bequeathed his estate to him–Suit for possession filed by D was decreed by first appellate Court–Instant appeal–Whether B became the absolute owner of the property by virtue of provisions of Sec. 14(1) when the Act of 1956 came in effect ?–Held, no–Possession of widow must be under some vestige of a claim, right or title or under any of the device which has been purported under the law–Appellant was not holding any valid possession over the property–Further, the opening of mutation which is a fiscal proceeding would not confer a right of acquisition of title–Held, the suit was rightly decreed by the first appellate Court.
