LexSHIVDEV KAUR (D) BY LRS. & ORS. versus R.S. GREWAL
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[2013] 5 S.C.R. 267 SHIVDEV KAUR (D) BY LRS. & ORS. v. R.S. GREWAL (Civil Appeal Nos, 5063-5065 of 2005) MARCH 20, 2013. [DR. S.S. CHAUHAN AND FAKKIR MOHAMED IBRAHIM KALIFULLA, JJ.] A B Hindu Succession Act, 1956 - s.14(2) - 'Life interest' created in favour of a Hindu female - Under a 'Will' executed C prior to commencement of the Act - Held: After commencement of the Act, the 'life interest' would not stand converted to 'absolute title'. Words and Phrases - Expression 'destitute' - Meaning 0 of, in the context of Succession. The question for consideration in the instant appeals was whether a 'life interest' created in favour of a Hindu female through a 'Will' prior to commencement of Hindu Succes.sion Act, 1956, would stand converted into E 'absolute right' on commencement of the 1956 Act. Dismissing the appeals, the Court HELD: 1. Section 14 of Hindu Succession Act, 1956 provides for conversion of life interest into absolute title on commencement of the 1956 Act. However, sub· section (2) carves out an exception to the same, as it provides that such right would not be conferred where a property is acquired by a Hindu female by way of 'Gift' F or under a 'Will' or any other instrument prescribing a G restricted estate in that property. Therefore, if a Hindu female has been given only a 'life interest', through 'Will' or 'Gift' or any other document referred to in Section 14 267 H 268 SUPREME COURT REPORTS [2013] 5 S.C.R. A of the 1956 Act, the said rights would not stand crystallised into the absolute ownership. Interpreting the provisions to the effect that she would acquire absolute ownership/title into the property by virtue of the provisions of Section 14(1) of the 1956 Act, would render 8 the provisions of Sections 14(2) and 30 of the 1956 Act otiose. Thus the property acquired by a Hindu female by a 'Will' or 'Gift', giving her only a "life interest", would remain the same even after commencement of the 1956 Act, and .such a Hindu female· cannot acquire absolute C title. [Paras 9, 13] [272-H; 273-A-B; 274-H; 275-A-C]. Mst. Karmi v. Amru and Ors. Al~ 1971 SC 745; Navneet Lal @ Rangi v. Goku/ and Ors. AIR 1976 SC 794: 1976 (2) SCR 924; Jagan Singh (Dead) Through LRs. v. Dhanwanti and Anr. (2012) 2 SCC 628: 2012 (2) SCR 303; Sadhu D Singh v. Gurdwara Sahib Narike and Ors. AIR 2006 SC 3282: 2006 (5) Suppl. SCR 799; Ba/want Kaur and Anr. v. Chanan Singh and Ors. AIR 2000 SC 1908: 2000 (3) SCR 61 - relied on. E 2. Whether person is destitute or not, is a question of fact. The expression .'destitute' has not been defined . under the 1956 Act or under the Code of Criminal Procedure, 1973, or Code of Civil Procedure, 1908. The dictionary meaning is "without resources, in want of necessaries". A person can be held destitute when no F one is to support him and is found wandering without any settled place of abode and without visible means of subsistence. [Para 14] [275-D-E] Case Law Reference: . . G AIR 1971 SC 745 relied on Para 10 1976 (2) SCR 924 relied on Para 10 2012 (2) SCR 303 relied on Para' 10 H SHIVDEV KAUR (D) BY LRS. & ORS. v. R.S. 269 GREWAL 2006 (5) Suppl. SCR 799 relied on 2000 (3) SCR 61 relied on Para 11 A Para 12 CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 5063-5065 of 2005. From the Judgment & Orders dated 02.07.2004 of the High Court of Punjab & Haryana at Chandigarh in Regular Second Appeal Nos. 257 & 608 of 1982 and Cross Objection . I . No. 14-C of 1982. Devender, Minakshi for the Appellants. R.K. Dhawan, Kanika Greval, Sheweeta Joshi, M.A. Chinnasamy for the Respondent. The Judgment of the Court was delivered by B c D DR. B.S. CHAUHAN, J: 1. These appeals have been preferred against the impugned judgment and order dated 2.7.2004 passed by the High Court of Punjab & Haryana at Chandigarh in Regular Second Appeal No. 257 of 1982 and Regular Second Appeal No. 608 of 1982 and Cross Objection E No. 14-C of 1982 by which the High Court has affirmed the judgment of the first appellate court as well as the trial court so far as the nature of the rights of the appellant in the suit property are concerned. 2. Facts and circumstances giving rise to these appeals are that: A. One Dr. Hira Singh had acquired a huge property in his F life time. He executed various deeds creating certain rights in G favour of his sole son Dr. Shivdev Singh Grewal and two daughters, namely, Smt. Day
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