BALWANT KAUR AND ANR . versus CHANAN SINGH AND ORS.

Citation: [2000] 3 S.C.R. 61 · Decided: 18-04-2000 · Supreme Court of India · Bench: S.B. MAJMUDAR · Disposal: Appeal(s) allowed
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Judgment (excerpt)

.j. 
BALWANT KAUR AND ANR . 
A 
- .. 
v. 
CHANAN SINGH AND ORS. 
APRIL 18, 2000 
-
[S.B. MAJMUDAR AND M. JAGANNADHA RAO, JJ.] 
B 
Succession Act, 1925 : 
Section 88-Will-Inconsistent clauses in-In the earlier part of the Will 
testator stated that his daughter would be the heir, owner and title-holder of his c 
entire remaining movable and immovable properties-But in the latter part of 
the same Will, he stated that on the death of his daughter, his brothers would 
be the heirs of the properties-Held: The recitals in the latter part of the Will 
would operate and make the daughter only a limited estate-holder in the 
property bequeathed to he1: 
D 
Hindu Law: 
Hindu Succession Act, 1956: 
Sections 8( a), 14( 1) and Schedule-Pre-existing legal right to succeed-
Father executed a Will bequeathing 2!3rd of his estate to his brothers and I/3rd 
E 
life interest only to his widowed daughter-Held: Daughter, a Class I heir, has 
merely a right to succeed to her father's property if she survives her father and 
if her father dies intestate without making any Will-This is merely a spes 
successionis, a chance to succeed to her father's property and not any pre-
existing legal right-Hence, Section 14( 1) cannot be invoked because widowed 
~ 
daughter had no pre-existing legal right at any time prior to the date of 
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operation of the Will under S. 8. 
Section 14(1)-Maintenance-Pre-existing legal right to-Father ex-
ecuted Will bequeathing 2!3rd of his property to his brothers and I/3rd life 
interest to his widowed daughter-Widowed daughter lived with her father, had 
G 
no issues and no estate of her deceased husband or father-in-law to fall back 
"""( 
upon-Held: Destitute widowed daughter has a pre-existing legal right to 
• 
maintenance from the estate of her father during her lifetime and thereafter 
when the estate would pass in favour of the testamentary heirs under Ss. 
14( J)(a) and22(2) rlws.2l(vi) of the Hindu Adoptions andMaintenance Act-
Hence, S.14(!) is attracted and on tire coming into operation of the Will her 
H 
61 
62 
SUPREME COURT REPORTS 
[2000] 3 S.C.R. 
A 
I/3rd life interest would get matured into full ownership. 
... 
Hindu Adoptions and Maintenance Act, 1956: 
Section 2l(vi) and 22(2)-Maintenance-Pre-existing legal right to-
Destitute widowed daughter had no issues and no estate of her deceased 
B 
husband or father-in-law to fall back upon for her maintenance-Held: Such 
widowed daughter has to be treated as a dependent of her deceased father-
Therefore, she has a pre-existing legal right to maintenance and is entitled to 
·-....4 
be maintained out of the estate inherited by the heirs of the deceased-In case 
such a right is not crystallised by way of grant of a definite share in the estate 
c 
of the deceased father it will be transmitted to the heirs of the deceased. 
Section 19(1) proviso (a)-Maintenance-Pre-existing legal right to-
Destitute widowed daughter had no earnings of her own or other property to 
fall back upon for her maintenance-Held: Proviso ( q) to S. 19( I) creates an 
independent and personal right against the father or mother of such destitute 
D 
widowed daughter during his or her lifetime-Words "the estate of' preceding 
the words "her husband" in proviso (a) are not to be read into the words "her 
father or mother" -Therefore, any property given to such widowed daughter in 
lieu of such personal right during the lifetime of her father or after his death 
would be in lieu of a pre-existing right falling under S.14)1) of the Hindu 
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Succession Act. 
Appellant No. 1 was the widowed daughter of one S, who was the sole 
owner of the suit land. She was depende~t on him for her maintenance and 
-.....
support. S had no other issue. Appellant No.1 had no estate of her deceased 
husband or h2r father-in-law to fall back upon for claiming dependency 
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benefit. Appellant No. 1 was a destitute, had no issues and was living with 
_)-
...
her father being solely dependent upon him for her maintenance. S ex· 
ecuted a Will bequeathing 2J3rd of his property in favour of his brothers 
and only 1/3rd life interest in favour of his daughter. The recitals of the Will 
showed that the testator himself was anxious about making provision for 
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her maintenance even after his demise and relied upon his brothers, the 
other two legatees, for looking after his destitute daughter after his life 
time. 
. .,.,.... 
All
Appellant No. 1 claiming to have become full owner of the 1/3rd 
property beq
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