NDLI: Mauleshwar Mani and Ors. Vs. Jagdish Prasad and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Hindu Succession Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Hindu Succession Act, 1956 : Will-Execution of-Rule of construction-it has to be read in its entirely-No part of it is excluded or made redundant-Court to reconcile any inconsistency in it-Absolute estate-Conferment of-Where testator has given the property to devisee with a right of alienation-The Testator cannot be allowed to bequeath the same property in favour of second set of persons in the same Will. U.P. Zamindari Abolition and Land Reforms Act 1950-Ss. 169, 172 and 174-Law does not permit a Bhumidhar to create successive legatees under a Will-He can bequeath his property to any one but he cannot create further succession contrary to the provision of the Act.One 'J' executed a Will bequeathing his entire property in favour of his second wife (whom he married after the death of his first wife), and after her death in favour of his daughters' sons from both the wives. He had three daughters from each wife. He died in 1961 and his second wife died in 1964. Plaintiffs-respondents purchased the property from the grandsons of the first wife. On 1.6.1966 the plaintiffs-respondents filed a suit alleging that defendants had cut the crops wrongfully and prayed for a decree for a sum of Rs. 1946.66 and in the alternative for mesne profit and for just possession to the extent of their share in the properties. Trial Court held, the second wife having obtained an absolute estate under the Will, the subsequent bequeath in the said Will in favour of daughter's sons was invalid and, therefore, the grandsons of first wife were not entitled to inherit the property. Appeal preferred by the plaintiffs-respondents was dismissed by the first appellate Court. On second appeal High Court held that under the Will the second wife got only restricted or limited right and, therefore, after her death, all the grandsons of the first wife as well as the second wife were entitled to inherit the property. Hence this appeal. It was contended for the appellants that under the Will, the second wife acquired an absolute estate and any subsequent bequeath in the same Will was repugnant to the absolute interest created in her favour. It has contended for the respondents that Will has to be read as a whole and effort should be made to give effect to the wishes of the testator and therefore, all the sons of daughters of the testator would inherit the property.
Judge	Honble Mr. Justice V.N. Khare
Neutral Citation	2002 INSC 43
Petitioner	Mauleshwar Mani And Ors.
Respondent	Jagdish Prasad And Ors.
SCR	[2002] 1 S.C.R. 423
Judgement Date	2002-01-23
Case Number	1961

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Mauleshwar Mani and Ors. Vs. Jagdish Prasad and Ors.

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Mauleshwar Mani and Ors. Vs. Jagdish Prasad and Ors.

Mauleshwar Mani and Ors. Vs. Jagdish Prasad and Ors.

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