JUDGMENT :

Bhargava, J.

(May 1, 1967)

1. This Appeal relates to property which belonged to one Akwak Singh, who died in the year 1894, leaving his widow Smt. Mehtab Kaur. In the year 1926, Smt. Mehtab Kaur gifted the disputed land to Harnam Singh, the predecessor -in interest of the appellants. The collaterals of Akwak Singh at that time challenged the gift by filing a Suit for declaration that Smt. Mehtab Kaur, the widow, being a limited owner, could not make a gift of the property, and that the gift would not be binding on them as reversioners after her death. The defence taken, inter alia, in that Suit was that the property had come to Smt. Mehtab Kaur under a Will executed by Akwak Singh, so that she was absolute owner of the property and was entitled to make the gift. The Suit was dismissed, but, on Appeal, the Appellate Court held that the Will was not genuine and, consequently, decreed the Suit holding that the deed of gift will not be binding on the reversioners after the death of Smt. Mehtab Kaur. That decree became final, so that the claim of succession of Smt. Mehtab Kaur under the Will was finally negatived.

2. On 17th June, 1956, the Hindu Succession Act, 1956 (No. 30 o