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1967 Supreme(SC) 79

K.N.WANCHOO, R.S.BACHAWAT, V.RAMASWAMI
Phoolchand – Appellant
Versus
Copal Lal – Respondent


Advocates:
B.P.JHA, B.P.MAHESHVARI, J.P.GOYAL

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. Multiple Preliminary Decrees in Partition Suit:
  2. The court can pass more than one preliminary decree if circumstances justify, especially in partition suits where parties die, leading to adjustments in shares (!) .
  3. An order amending shares after a preliminary decree is considered a decree and is appealable (!) (!) .

  4. Variations in Shares:

  5. Variations in shares specified in a preliminary decree, due to events such as death of parties, are permissible and can be treated as a decree (!) .
  6. Such variations are valid if they are made before the final decree and resolve disputes regarding shares (!) .

  7. Appealability:

  8. Appeals can be filed against orders that modify shares in a preliminary decree, even if a formal decree has not yet been drawn up, provided the order is regarded as a decree in the circumstances (!) (!) .

  9. Rights of Widows in Ancestral Property:

  10. A widow’s estate in ancestral property is generally limited unless there is a specific custom that grants her absolute rights (!) .
  11. In this case, the court held that the widow, Smt. Gulab Bai, had only a limited estate and could not sell her share in the manner she did, as her rights did not extend to absolute ownership (!) .

  12. Validity of Will:

  13. The will made by Sohan Lal in favor of Gopal Lal was considered genuine, based on evidence such as attestation, execution circumstances, and the testator’s intentions (!) .
  14. The will was natural and consistent with the circumstances, and the testator was competent to make it (!) .

  15. Sale of Share by Widow:

  16. The sale of the widow’s share was invalid because she only had a limited estate, which could not be alienated freely (!) .
  17. Consequently, her share should descend to the surviving parties as per inheritance laws (!) .

  18. Competence to Will Away Property:

  19. A person with a severed status and a share in the joint family property, including self-acquired and ancestral property, can will away that share if the property was already partitioned or the status was severed (!) .

  20. Overall Conclusion:

  21. The appeal was dismissed, affirming the validity of the original decisions regarding the distribution of shares, the validity of the will, and the rights of the parties involved (!) .

Please let me know if you need further analysis or specific legal advice based on this document.


Judgement

WANCHOO, J. : This is an appeal on a certificate granted by the Rajasthan High Court and arises in the following circumstances. Phool Chand appellant had filed a suit in 1937 for partition of his one-fifth share in certain properties mentioned in the schedule to the plaint. The defendants to the suit were Sohanlal, father of the appellant, Gopal Lal, brother of the appellant, and Rajmal, minor adopted son of Gokalchand (deceased) who was another brother of the appellant and Smt. Gulab Bai, mother of the appellant. There were two other defendants with whom we are not concerned now. The suit was resisted by the defendants and a large number of pleas were raised with which we are also not concerned now. That suit was fought right upto the Mahkma Khas (Privy Council) of the former State of Jaipur and a preliminary decree for partition was passed specifying the shares of the appellant and the four defendants mentioned above on August 1, 1942. Before, however, a final decree could be passed on the report of the Commissioner in terms of the preliminary decree, Sohan Lal died on May 13, 1947 and soon after his widow, Smt. Gulab Bai also died on November 22, 1947. Disputes seem to













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