GURDIP SINGH AND ANR. versus AMAR SINGH AND ANR.

Citation: [1991] 1 S.C.R. 385 · Decided: 14-02-1991 · Supreme Court of India · Bench: K.N. SAIKIA, M.M. PUNCHHI · Disposal: Appeal(s) allowed

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Judgment (excerpt)

GURDIP SINGH AND ANR. 
v. 
AMAR SINGH AND ANR. 
FEBRUARY 14, 1991 
[K.N. SAIKIA AND MADAN MOHAN PUNCHHI, JJ.] 
B 
Hindu ·Succession Act, 1956: Section 14-Enlargement of 
""'( widow's estate-Property gifted in lieu of maintenance-Whether the 
limited estate enlarged into an absolute estate. 
)-
The grandfather of the appellants and respondents had two wives. 
The first wife and her only son died during bis life time. The pre-
C 
deceased son left behind four sons and a daughter. hi 1947, the grand-
father made three oral gifts of certain properties in favour of his second 
>---~/wife, in lieu of maintenance. Later, the grandmother gifted some of 
these properties to two step grandsons. The gift was challenged by the 
other two grandsons. The lower courts held that she had the absolute 
D 
estate in the properties after the pasing of the Hindu Succession Act, 
1956. In Second Appeal, the High Court held that she derived only a 
limited estate inasmuch as the gift in her favour would fall directly 
under section 14(2) of the Hindu Succession Act, 1956 and as such her 
, ~ limited estate would not stand enlarged into an absolute estate. This 
"· appeal is against the said judgment of the High Court. 
E 
Allowing the appeal, this Court, 
HELD: 1. There is no doubt that the donee had the right of 
maintenance and the gift was explicitly in lieu of maintenance. It was not 
a case of her acquiring any new property by virtue of the gift but it was 
f 
, 
a case of her right of maintenance being given to her by way of a gift. It 
--,._was a property acquired by gift in lieu of maintenance. The acquisition 
made on 26th April, 1947 having been prior to the Hindu Succession 
Act, and she having acquired the property by way of gift in lieu of her 
antecedent right to maintenance, it would fall under sub-section (1) and 
not under sub-section (2) of section 14 of the Hindu Succession Act, 
G 
1956 and she derived absolute estate in the properties. [387E-F] 
Bai Vajia (Dead) by Lrs. v. Thakorbhai Chelabhai & Ors. [1979] 
3 SCR 291; Gulwant Kaur & Anr. v. Mohinder Singh & Ors., [1987] 3 
SCC 674; Maharaja Pillai Lakshmi Animal v. Maharaja Pillai Thil-
lanavakom Pillai & Anr., [1988] 1 SCC 99; Jaswant Kaur v. Major 
385 
H 
A 
386 
SUPREME COURT REPORTS 
(1991] 1 S.C.R. 
Harpal Singh, [1989] 3 SCC 572; relied on. 
Mst. Karmi v. Amru & Ors., [1972] 4 SCC 86; Kothi Satyanara-
yana v. Galla Sithayya & Ors., [1986] 4 SCC 760; distinguished. 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2877 
B 
of 1977. 
. 
c 
D 
E 
F 
G 
H 
From the Judgment and Decree dated 19.8.1977 of the Punja~ r 
and Haryana High Court in R.S.A. No. 334of1975. 
R. Bana for the Appellants. 
Harbans Lal and G.K. Bansal for the Respondents. 
The following Order of the Court was delivered: 
Kehar Singh had two wives, Basant Kaur and Sahib Devi. Sahib 
Devi died during Kehar Singh's life time. Sahib Devi's son was Niran-
jan Singh who also died during Kehar Singh's life time. Niranjan Singh 
had four sons and one daughter. On 26th April, 1947 Kehar Singh in 
lieu of maintenance made three oral gifts of properties situated in 
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three different villages in favour of his wife Basant Kaur. The question li..._ ~ 
which arose for consideration before the lower Court was whether/ -
Basant Kaur got an absolute estate in the gifted properties as result of 
the passing of the Hindu Succession Act. In regard to the land in 
village Ballowal the lower Courts have held that she got an absolute 
estate. The High Court was concerned in the second Appeal with the 
lands in village Dhaipai and Chominda, and it. held the gift having been 
without any power of alienation would fall under Section 14(2). 
. 
The Exhibit D-1 was the report of the Patwari in connection with~ 
the mutation proceedings and it said: 
"Today Kehar Singh owner of Khewat came alongwith 
Narain Singh Lambardar and stated that he had on 14th 
April, 1947, made an oral gift of land-half of total land 
measuring 8 bighas Pukhta, 3 Biswas and 3 Biswani, which 
is 4 Bighas Pukhta, 12 Biswas and 1 Biswani as detailed in 
favour of his wife Mst. Basant Kaur, and given possession 
of the same. I had only one son who is dead and. he had four 
sons and no other male issue. There is no certainty of life. 
She served me. Lambardar attests so the mutation is 
entered." 
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GURDIP SINGH v. AMAR SINGH 
387 
On 30th July, 1947, the Assistant Collector made the following orders: 
"In the gathering, Kehar Singh donor and Basant Kau

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