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1960 Supreme(HP) 8

C.B.CAPOOR
Devi Singh – Appellant
Versus
Phulma – Respondent


Advocates:
Thakar Dass and D.R. Manchanda, for Appellants; B. Sita Ram, for Mt. Phulma and Rati Ram and Kedar Ishwar, for Mt. Kubja, Mt. Nuri, Mohan Singh, Bimala, Kamala and Savitri, for Respondents.

JUDGMENT :- This is a plaintiffs appeal and arises out of a suit filed by them for a declaration that the gift-deed dated 16-3-1955 executed by Mt. Phulma, defendant No. 1, in respect of a one-half share of land measuring 245 bighas 6 biswas and five houses situated in village Malheri and some other property, described in the heading of the plaint, in favour of Jit Singh, the since deceased defendant No. 2, and Rati Ram, defendant No. 3, was void and ineffective.

2. The main allegations were that the plaintiffs, Mehar Singh, the husband of Mt. Phulma, and Jit Singh and Rati Ram were members of a joint Hindu family governed by the Mitakshara branch of the Hindu Law, that the property comprised in the deed of gift, referred to above, was coparcenary property and was not in possession of Mt. Phulma and as such she was not competent to transfer the same. In the alternative, it was alleged that even if the aforesaid property is held to have been the self-acquired property of Mehar Singh, his wife Mt. Phulma could have had a limited interest only therein and the gift made by her would not ensure beyond her life time.

3. According to the pedigree table, proved in the case, Rattan the father
























































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