Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1956 - s.14(1) ands. 14 (2) r/w s.30- 0ne BRD w<11s the owner of the house in question Hindu Succession Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Hindu Succession Act, 1956 - s.14(1) ands. 14 (2) r/w s.30- 0ne BRD was the owner of the house in question - Appellant is the c son of BRD. while respondent no.I is the daughter - Through his Will, BRD gave his wife (mother of appellant) a "life interest" to reside in the house till her death - While, the ground floor and first floor of the house were given exclusively to appellant and respondent no. 1. respectively - Disputes arose between the parties - Joint suit filed by appellant and his mother against the respondent no. 1. inter D alia praying/or declaration that appellant's mother Was the absolute owner of the said house as her "life interest" in the property had enlarged and ripened into an absolute interest by virtue of s.14(1), on the death of her husband - Suit dismissed by Single Judge of High Court ·- Division Bench upheld the judgement of Single E Judge - On appeal. held: Case of appellant's mother does not fall u/s.14 ( l) but it squarely falls uls.14 (2) - It is clear from the contents of the Tf!ill that BRD intended to give only "life interest" to his wife in the suit house - Such "life interest" neither enlarged nor ripened into an absolute interest in the suit house and remained "life interest", i.e. "restricted estate" uls.14(2). till her death - It was the F appellant and the respondent no. I who were given absolute ownership of the suil house while appellant:~ mother was given on~v "'life interest·· in the suit house - Such disposition was made by virtue of s.14 (2) rlw s. 30 of the Act - No error in the impugned judgement. G Hindu Succession Act. 1956 - s.14(2) - Scope and ambit a/- Discussed. Will - intention of testator - Interpretation of - Held: What the testator intended to bequeath to any person(s) in his Will. has to be gathered primarily by reading the recitals of the Will only. Words & Phrases - "Life Interest" - Meaning of - Held: "Life Ainterest" means an interest which determines on the termination oflife - It is incapable of being tramferred to others being personalin nature. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2017 INSC 1219 |
Petitioner | Mr. Ranvir Dewan |
Respondent | Mrs. Rashmi Khanna & Anr. |
SCR | [2017] 13 S.C.R. 542 |
Judgement Date | 2017-12-12 |
Case Number | 21784 |
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