A.P.MISRA, Y.K.SABHARWAL
Vidya – Appellant
Versus
Nand Ram Alias Asoop Ram – Respondent
ORDER
This appeal raises the question of interpretation of Section 14(1) and (2) of the Hindu Succession Act, 1956, (hereinafter referred as the 1956 Act ). The present appeal is preferred by the daughter of one Khimi Ram who had three wives, namely, Smt. Khunki, Smt. Nengu and Smt. Durga. The appellant is the daughter of Smt. Nengu. The short facts are that Khimi Ram executed a Will, dated 30th September, 1932, giving the disputed property to the appellant, namely, Smt. Vidya, daughter, but also gave the same property to his three wives in lieu of maintenance. It is not in dispute that under the Will, the said three wives had limited right to enjoy it during their lifetime. The said Khimi Ram died on 30th September, 1932 and Smt. Khunki died in 1953, Smt. Nengu died in 1960 and Smt. Durga died on 8th March, 1965. Admittedly, the aforesaid 1956 Act came into force before the last two wives died. At this juncture, the relevant part of the Will, which has bearing in this case, is reproduced below :
"The remaining land and other movable and immovable properties, I gave to my daughter, Vidya. Till the time my three wives are there, they will look after the same and will also maintain th
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