NDLI: Shri Shivaji Education Society, Amravati Through Its President Vs. Omprakash S/o Dinkar Deshmukh & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Wills – Bequest made under the Will
Content Type	Text
Resource Type	Law Order
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Wills – Bequest made under the Will – Nature of – Testator executed Will (in respect of property) in favour of his wife (plaintiff no.1) who in turn gifted the property in question to appellant (plaintiff no. 2) – Contention of defendants that the gift deed executed by plaintiff no.1 was null and void in view of a limited life estate conferred upon her under the Will – Held: While the trial Court took the view that under the Will, the testator’s wife was given only a limited right of enjoyment for life, the First Appellate Court held that what was bequeathed was full rights of enjoyment, including the right to transfer – High Court did not overturn the finding of fact recorded by the First Appellate Court – Instead, the High Court wrongly proceeded to analyse sub-sections (1) and (2) of s.14 of the Hindu Succession Act, to come to the conclusion that the limited estate did not get enlarged into full ownership – The question of fact whether what was conveyed under the Will, was only a limited right of enjoyment or full ownership, was settled by the First Appellate Court in favour of the plaintiffs – This finding was not held by the High Court to be perverse – Though the High Court thought that one of the substantial questions of law arising for consideration was whether testator’s wife was full owner or limited owner, the High Court chose to answer this question not on the basis of the recitals contained in the Will but on the basis of the wrong understanding of an inapplicable Judgment of this Court – High Court overlooked the fact that in a civil dispute, the First Appellate Court is a final Court of fact and law and the High Court’s interference u/s.100 is only on a substantial question of law – Once the First Appellate Court had found that the recitals contained in the Will clearly conveyed full ownership, there was no occasion for the High Court to go into s.14 of the Hindu Succession Act at all – Further, the First Appellate Court was concerned with two regularfirst appeals, one filed by the defendants (R.C.A No. 408 of 1986) and another filed by the appellant / plaintiff no.1 (R.C.A No. 416 of 1986) – First Appellate Court dismissed R.C.A No.408 of 1986 and allowed R.C.A No. 416 of 1986 – The defendants chose to file only one second appeal and that was against the decree in RCA No. 408 of 1986 – Decree in R.C.A No. 416 of 1986 was allowed to attain finality – Even on this ground, the High Court ought to have dismissed the second appeal – Judgment of High Court set aside – Hindu Succession Act, 1956 – s.14 – Code of Civil Procedure, 1908 – s.108.
Judge	N/A
Neutral Citation	2021 INSC 766
Petitioner	Shri Shivaji Education Society, Amravati Through Its President
Respondent	Omprakash S/o Dinkar Deshmukh & Ors.
SCR	[2021] 7 S.C.R. 1117
Judgement Date	2021-11-22
Case Number	6981

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
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9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Shri Shivaji Education Society, Amravati Through Its President Vs. Omprakash S/o Dinkar Deshmukh & Ors.

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