IMPORTANT POINT
The limited Estate given by the father-in-law under a registered Will to his widowed daughter-in-law enlarges into an absolute estate u/s 14(1) of the Hindu Succession Act, 1956.

JUDGMENT

Venkataswami, J.-The question that falls for consideration in this Civil Appeal can be framed as follows :-

"Whether the limited Estate (including the suit house) given by the gather-in-law under a registered Will dated 5.1.1921 to his widowed daughter-in-law enlarges into an absolute estate under Section 14(1) of the Hindu Succession Act, 1956 on the facts of this case."

2. It is surprising that in spite of a three Judge Bench judgment of this Court in V. Tulsamma and Others v. Sesha Reddy (dead) by LRs.1 clearly explaining in detail the scope and ambit of sub-sections (1) and (2) of Section 14 of the Hindu Succession Act, 1956, the High Court without referring to that case has reached a palpably erroneous conclusion on the scope of Section 14(1) of the said Act.

3. This appeal by special leave arises out of a suit filed by one Ch. Rajendra Shankar, the predecessor in title of the respondents herein, seeking a declaration that the sale in favour of the appellant herein will not bind him as he was the absolute owner of the suit house. One Kamlawati widowed daughter-in-law of Bapu Ram Ratanlal, sold the suit house to the appellant under a registered sale deed dated 18.10.1965 for a valid consideration. That sale was challenged by Rajendra Shankar, grandson of Babu Ram Ratanlal through his daughter, (predecessor in title of the respondents) on the ground that his grandfather by the Will dated December 23, 1920 registered on 5.1.1921 had given only a limited interest in the suit house to the said Kamlawati and, therefore, the sale Will not be binding on him after the death of the said Kamlawati. Ch. Rajendra Shankar died pending suit. His legal representatives continued the suit.

4. To appreciate the facts, minimal geneology and relevant clauses in the Will are necessary which are given below :

Ram Ratan Lal (died in 1921)

Sital Prasad Smt. Dulari d/o Ram (died in 1920) Ratan Lal (died in 1918)

Smt. Kamlawati Prahalad Singh Ch.Rajendra (defendant No.2) (died in 1922)  Shankar (Plaintiff)

Smt. Bittan W/o Prahalad Singh (died in 1966)

5. The relevant clauses (English translation) of the Will executed by the said Babu Ram Ratan Lal are extracted below :

"Whereas I had a son named Shri Babu Shitla Prasad Singh. He was studying in B.A. class but due to my bad luck he died issueless on 20th January, 1920. He was married in his childhood and his wife Mst. Kamlawati in alive and my wife is also alive and my daughter s sons, namely, Prahalad Singh and Rajender Shankar alias Sat Gur Saran, sons and one daughter s daughter Savitri Devi, daughter of late Babu Ambika Buksh, advocate of Lucknow. Their parents had put them into my care for education and they are under my guardianship. I am exclusive owner of my property with right of alienation and it is necessary for me to make arrangements of the property for the aforesaid persons so that there may not arise any dispute after my death and I had executed a Will which was certified and registered on 1/2 March, 1920 and in that I had given instructions for installation of an idol of Shri Thakurji. Now by the grace of God I have installed idols of Shri Thakur Ram Chanderji and Sri Janaki in the drawing room of my beloved Babu Sheetal Prasad Singh deceased. And I had also directed my daughter s sons to pay a sum of Rs. 35/- per month to my daughter-in-law for maintenance which amount is insufficient keeping in view the high prices and family status. Instead of me, my daughter s sons Will have the liability of maintenance, for this reason, I desire to give my entire share in the Zamidari property valued at 16 Annas Mohaal Babu Ram Rattan Lal, Mauza Rasool Pargana & Tehsil Purwa. District Unnao, in lieu of maintenance allowance to my daughter-in-law. For the reasons stated above thus present Will has been executed cancelling the previous one. Therefore, I while in my all sense