Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Hindu Law-Gift to female owner-Construction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Hindu Law-Gift to female owner-Construction-Gift for maintenance-Estate conveyed, whether absolute or limited-Use of the word 'Malik', effect of. In construing a document whether in English or in vernacular the fundamental rule is to ascertain the intention from the words used; the surrounding circumstances are to be considered but that is only for the purpose of finding out the intended meaning of the words which have actually been employed. To convey an absolute estate to a Hindu female, no express power of alienation need be given ; it is enough if words of such amplit11de are used as would convey full rights of ownership. The term 'Malik' when used in a will or other document as descriptive of the position which a. devisee or donee is intended to hold, has been held apt to describe an owner possessed of lull proprietary rights, including a. full right of alienation, unless there is something in the context or in the surrounding circumstances to indicate that such f11ll 11roprietory rights were not intended to be conferred, The mere fact that • gift of property is made fot the support and maintenance of a female relation could nob be taken to be a prima facie indication of the intention of the dooner, that the donee was to enjoy the property only during her life-time. The extent of interest, which the donee is to take, depends upon the intention o( the donor as expressed by the language used, and if the dispositive words employed in the document are clear and unambiguous and import absolute ownership1 the purpose of the grant would not, by itself, restrict or cut down the interest. The desire to provide maintenance or residence of the donee would only show the motive which prompted the donor to make the gift,but it could not be read as a measure of the extent of the gift.Where a Hindu died leaving two widows, a widowed daughter· in-law and a daughter's son, and a relative of the family sating as guardian of the daughter's son's son who was then the nearest reversioner got a. relinquishment deed from the daughter-in-law r'3nouncing all her claims to the estate and in return executed a deed of ' tamliknama' to her with respect to certain properties which ran as follows: 11 I have therefore, of my own accord and free will, without any compulsion or coercion on the part of any one else while in my proper senses made a Tamlik of a double-storied pucca built shop ......... and & house and a kothri in Etawah ......... worth Rs. 8,000 for purposee of rasidence of the Musammat (the daughter-in-law) owned by the minor aforesaid ......... which at preaent stands let out on rent to Sunder Lal, brother of Mst. Meri a aforesaid ........ .in favour of Mst, Meria aforesaid, widow of Chhedi Lal and made her the owner (Malik) ": Held, that there was nothing in the context of the document or in the surrounding circumstances which would displace the presumption of full proprietary rights which the use of the words Malik' is apt ordinarily to convey and the daughter-in-law obtained under the gift deed a full heritable and transferable title to the properties conveyed thereby. |
Judge | Honble Mr. Justice Bijan Kumar Mukherjea |
Neutral Citation | 1950 INSC 28 |
Petitioner | Ram Gopal |
Respondent | Nand Lal And Others |
SCR | [1950] 1 S.C.R. 766 |
Judgement Date | 1950-11-14 |
Case Number | 59 |
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