NAMBURI BASAVA SUBRAHMANYAM versus ALAPATI HYMAVATHI AND ORS.

Citation: [1996] 3 S.C.R. 1100 · Decided: 02-04-1996 · Supreme Court of India · Bench: K. RAMASWAMY, G.B. PATTANAIK · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A 
NAMBURI BASA VA SUBRAHMANY AM 
v. 
ALAPATI HYMAVATHI AND ORS. 
APRIL 2, 1996 
B 
[K RAMASWAMY AND G.B. PATTANAIK, .I.I.] 
Docunzent : 
Deed of settlement-!11tc1prelalion of--Hind11 widow executing a settle-
C ment deed beq11eathing propeny in favo11r of her second da11ghler who was to 
acquire absolute 1igltt to e11joy111ent alienation etc. on the deniise of Iler 
1110the1~Recita/s ill deed illdicating settlement deed Lo take effect oil date of 
execution-After death ·of the da11ghter the widow executillg a will givi11g the 
said properties to the first daughte1~Hetd, the recitals in the documelll as also 
ill the Sched11/e thereto i11dicate that on the date of exec11tio11 1ight title alld 
D interest in the prope1ties had been created in praesenti in favour of the second 
daughter-17ie docunient is to be constnu:d as a scttle111e11t deed and not as 
a will. 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 7599 of 
E 1996. 
F 
From the Judgment and Order dated 11.7.95 of the Andhra Pradesh 
High Court in LP.A. No. 124 of 1989. 
R. Sundaravardhan, Ms. Anjani Aiyagari for the Appellant. 
Ms. K. Amareshwari and G. Narasimhulu for the Respondent. 
The following Order of the Court was delivered : 
Leave granted. 
We have heard the counsel on both sides. This appeal by special 
leave arises from the Judgment and order dated July 11, 1995 of the 
Division Bench of the Andhra Pradesh High Court made in LP.A. No. 
124/89. The undisputed facts are that Ch. Seshamma had two daughters, 
namely, Hymavathy and Vimalavathy. She had bequeathed her properties 
to her daughters by two settlement deeds executed and registered on 
1100 
• 
N.B. SUBRAHMANYAM v. A. HYMAVATHI 
1101 
1.12.1958. The appellant is the husband of Vimalavathy, who died on May A 
4, 1970. On Au1,'llst 21, 1970, Seshamma had revoked the settlement deed 
Ex. B-J and executed will Ex. A-1 giving the properties gifted in favour of 
Vimalavathy to her daughter Hymavathy. Seshamma died on January 26, 
1976. Smt. Hymavathy filed O.S. No. 35/78 in the Court of Subordinate 
Judge, Tenali. The trial Judge relying on the evidence of DW 1-3, .has held B 
that Ex. B-1 is a settlement deed and that, therefore, the will Ex. A-1 is 
not valid in law. Accordingly, he dismissed the suit. The learned single 
Judge by judgment and decree dated December 13, 1988 confirmed the 
decree of the trial Court. The Division Bench, as stated earlier, in the 
impugned judgment decreed the suit as claimed by Hymavathy. Thus this 
appeal by special leave. 
C 
The only question ;., the interpretation of the deed Ex. B-1. It is true, 
as rightly contended by Smt. K. Amareshwari, learned Senior counsel for 
the respondents, that the nomenclature of the document is not conclusive. 
This recitals in the document as a whole and the intention of the executent D 
and acknowledgment thereof by the parties are conclusive. The court has 
to find whether the document confers any interest in the property i1t 
praesenti so as to take effect inter vivas and whether an irrevocable interest 
lhereby, is created in favour of the recipient under the document, or 
whether the executent intended to transfer the interest in the property only 
on the demise of the settler. Those could be gathered from the recitals in E 
the document as a whole. The settlement deed reads as under : 
"I am 78 years old by now. Since I have suffering from Nanju 
disease and breathlessness and Asthama and I feel that it would 
be difficult for me to live long. You happened to be my daughter. F 
Out of great love and affection, I have for you, I, having felt strong 
desire got this settlement deed executed in your favour this day, 
settling the properties mentioned in the schedule hereunder i.e., 
the property I had purchased on 21.11.1935 from Sharadappa wife 
of Damarla Anajaiah and Vejella Veeraiah and others which is my 
self-acquired property, and the land developed upon me out of the G 
property of my husband under a decree passed by the Andhra 
Pradesh High Court and which has been in my absolute rights and 
enjoyment, to belong to you after my death to be enjoyed by you 
with absolute rights. Therefore, taking possession of the schedule 
land after my death you may enjoy the same freely and happily till H 
1102 
A 
B 
c 
SUPREME COURT REPORTS 
(1996] 3 S.C.R. 
the sun and moon endure together with trees, water stones, 
treasures and treasure troves with all the rights with absolute 
powers of disposition by way of gift, mortgage,
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