LexSHIV DAS AND ORS. versus SMT. DEVKI (DEAD) BY LRS. AND ORS.
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SHIV DAS AND ORS.
A
v.
SMT. DEVKI (DEAD) BY LRS. AND ORS.
MARCH 7, 1995
[K. RAMASWAMY AND B.L. HANSARIA, JJ.)
B
Hindu Law-Succession.
Mother succeeding to the estate of son-<Jifting the properties to son of
daughter i.e. grandson-Suit filed by other daughter challenging the gift and C
subsequent alienations-Held: succession opened to the sisters and challenge
valid-Gift deed and alienations not to bind the sister who filed the suit, as
both sisters entitled to equal moiety.
M died and his mother R inherited certain properties which she later
gifted/bequeathed to her grandson and son of one of her two daughters. D
The collaterals challenged the gift. The High Court held that the grand
son had a preferential claim over the collaterals and upheld the validity
of the gift deed.
Appellants' mother died in 1924 and R died in 1960. D, the other
daughter of R filed a suit for declaration that the said gift deed was invalid E
and inoperative, as also the alienations made by the appellant. The appel·
late court affirmed the decree. Second appeal was dismissed by the High
Court. Hence this appeal.
Appellant contended that since R died in 1960, by operation . of
section 14 of the Hindu Succession Act, 1956~ she became the absolute F
owner of the properties; and that she having died intestate after the Act
came into force, appellant being class 'A' heir of his mother, he was entitled
to half share in the property.
Disposing of the appeal, this Court
HELD: 1. R was only limited owner and is entitled only to enjoy the
properties during her life-time. Therefore, alienations or gift of the property
or will made by R to anybody even to her grandson, are invalid, inoperative
G
and do not bind the reversioners or the legal representatives of M. The
succession stood opened in 1923 when M died. The two sisters of M were H
589
590
SUPREME COURT REPORTS
(1995) 2 S.C.R.
A nearer in degree to the appellant, the grandson of R. Though the rights of
the appellant qua collaterals were upheld in Shiv Dass v. Nand Lal, AIR
(1932) Lahore 361, by the Division Bench, that does not have any bearing on
the rights of respondent since both the sisters were entitled to the estate left
by their brother M. Then both of them are entitled to succeed to the estate
B of M in equal moiety. Respondent and her legal representatives are entitled
to half the estate left by Mand alienations made by.either R by her will or
gift or alienation by the appellant or anybody by derivative title are invalid,
inoperative and do not bind the respondents. (593-E-G]
2. The decree of the trial court is confirmed and the same may be
C treated as a preliminary decree declaring the rights of the parties. On an
application made to it, the trial court would proceed further in the matter .
to pass final decree, if properties in excess of the half share of the
respondents stood alienated, the respondents would be entitled to recover
possession of the properties allotted to their share, from the purchaser
with mesne profits. The alienated properties should, however, as far as
D possible, be allotted to the share of the appellant to the extent of their half
share. (593-H, 594-A] .
E
F
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 606 of
1978.
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From the Judgment and Order dated 14.2.78 of the Punjab and
Haryana High Court in Regular Second Appeal No. 295 of 1968.
V.C. Mahajan and Ms. S. Janani for the Appellants.
S.M. Ashri for the Respondents.
The following Order of the Court was delivered :
This appeal by special leave arises from the judgment of the single
Judge of the Punjab and Haryana High Court made in RSA 295/68 dated
G 14.2.78. The property belongs to one Mela Ram who left behind him his
mother-Radha. The suit property consist of:-
H
(a) One pacca 2 and 3 storeyed house bounded on the North: Shop
of Abanshi Ram previously of Vir Bhar, on the South: Khola of
Nanak:Singh and others, on East: house of Nanak Singh, on the
West: Kucha Sarbasta and house of Harnam Singh and others as
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S. DASS v. DEVKI(D)BYLR.S.
591
shown in the plan filed herewith by letters ABCDEFG, situated in ·A
village Kahnuwan, Teh; and Distt. Gurdaspur.
(b) One pacca shop with verandha and Thara bounded as follow:-
North : Thoroughfare, South: Shop of Sohan Lal previously of
Lal Singh, East: Shop of Shri Mulk Raj previously of Mohan Lal, B
West: Shop of Hukum Chand previously of Shri Durga Dass shownExcerpt shown. Read the full judgment & AI analysis in Lexace.