Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Indian Succession Act 1925-Section 119 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Indian Succession Act, 1925-Section 119-Applicability-Date of vesting of legacy-Property bequeathed by the testator to his wife for life and after her death to his legal heirs-On the date of testator's death son was the only legal heir-Held, legacy becomes vested in the son on the death of testator. Indian Succession Act, 1925-Section 111-Exception-Applicability-"A specified individual"-Meaning of-Cannot refer to or mean the testator. Indian Succession Act, 1925-Section 120-Applicability-Applies only in case of happening of a specified uncertain event-Death is not an uncertain event. Transfer of Property Act, 1882-Section 3-"Transfer''-Meaning of- Settlement during pendency of suits between mother and son-Son challenging validity of Will made in favour of mother-Mother settling dispute by accepting son's title to the property in lieu of monthly maintenance-Held, it is not a transfer of the property. Hindu Succession Act, 1956-Section 14(1) and (2)-Applicability of-Right of residence to a Hindu female alongwith a sum of money in lieu of maintenance-Whether ripens into full ownership on commencement of the Act. Hindu Succession Act, 1956-Section 14(1)-"Possessed''-Meaning of-Whether actual or physical possession is necessary. Limitation Act, 1963-Article 65-Plea of adverse possession-Nature of-Mixed question of law and fact-All facts necessary to establish adverse possession must be pleaded. Constitution of India-Articles 133 and 136-Finding of Trial Court on limitation no contested in appeal-Held, plea of limitation cannot be raised before the Supreme Court. On 10.4.1942, one R made a Will bequeathing one of his properties (Doctor's Lane property) to his wife S for life and to his legal heirs after her death. The Will prohibited any transfer of the property by S. R died in 1953 leaving behind his wife, one son (first defendant) and four daughters. At the time of his death, as per the prevalent law, only the son was the legal heir. There was litigation between the son and the mother, and as many as seven suits were filed. The son claimed that R has made another Will dated 26.9.1950 superseding his earlier Will. The suits were finally settled on 27.1.1955 and the mother accepted the title of the son over the Doctor's Lane property. The mother was given a right of residence in the first floor of the property. The son was to pay S maintenance allowance of Rs. 125 per month and in the event of the mother's decision not to reside in the property, a maintenance allowance of Rs. 150 per month was to be paid to her. After the death of the mother, the son's wife was to become the owner of the property. The son, who was abroad, appointed the second defendant as his general power of attorney in respect of his properties in India. The second defendant sold the Doctor's Lane property to his brother (third defendant) and his own two sons (defendant Nos. 4 and 5). S died in 1972, after coming into force of the Hindu Succession Act, 1956. One of the daughters filed a partition suit in the High Court in respect of all properties left behind by R and S claiming 1/5th share in the property on the ground that by virtue of the provisions of the Hindu Succession Act, the daughters of R also became the legal heirs of his property. The learned Single Judge dismissed the suit of the daughter in respect of the Doctor's Lane Property. In respect of all other properties his suit was decreed. The daughter appealed under clause 10 of the Letters Patent against the order of the Learned Single Judge. The appeal of the daughter was allowed by the Division Bench which held that : (a) The Will dated 10.4.1942 in favour of S is true, valid and effective; (b) the Will dated 25.9.1950 alleged to have been made in favour of the son was not proved; (c) the interest created in S was a life estate and not a widow's estate and therefore, could not be surrendered in favour of the son; (d) the alleged surrender under settlement dated 27.1.1955 was not total and complete and, therefore, no surrender in the eyes of law; (e) the Will dated 10.4.1942 contemplates that the property shall devolve on legal heirs of Ron the death of his wife and at the time of wife's death, there were five legal heirs of R due to the operation of Hindu Succession Act, 1956 and therefore, the property would devolve on all five heirs; and (f) the Will dated 10.4.1942 was a bequest to a class and therefore the exception to the Section 111 of the Indian Succession Act, 1925 was applicable and not Section 119 or Section 120. On appeal by the third defendant who had purchased the property; partly allowing the appeal, |
Judge | Hon'ble Mr. Justice B.P. Jeevan Reddy |
Neutral Citation | 1995 INSC 823 |
Petitioner | Dr. Mahesh Chand Sharma |
Respondent | Smt. Raj Kumari Sharma And Others |
SCR | [1995] Supp. (6) S.C.R. 41 |
Judgement Date | 1995-12-01 |
Case Number | 547 |
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