IMPORTANT POINTS
1. Section 14(1) of the Hindu Succession Act applies in a case where the female had received the property prior to the Act being entitled to it as a matter of right, even if the right be a limited estate under the Mitakshara law or the right to maintenance.
2. A Hindu male can testamentarily dispose of his property. When he does that, a succession under the Hindu Succession Act stands excluded and the property passes to the testamentary heirs.

Headnote:Hindu Succession Act, 1956 - Sections 8, 14(1), 14(2) and 30 - Property possessed by a female Hindu - Testamentary succession after the enforcement of the Act - Claim made u/s 14(1) of the Act - Maintainability - Original owner held self acquired property - He had no children - He died on 19-3-1977 leaving his widow behind - Widow purported to gift the property in favour of a Gurdwara - Appellant, sister’s son of deceased filed a suit challenging deed of gift - Appellant claimed that original owner had executed a Will on 7-10-1968 in which widow had only a life estate and the properties were to vest in appellant and his brother - Respondent claiming that Section 14(1) of the Act entitled her to deal with the property as an absolute owner - Whether limitation on rights imposed by the Will was binding on widow - (Yes) - Whether her estate could get enlarged u/s 14(1) of the Act - (No).
       Held : In the case on hand, since the properties admittedly were the separate properties of Ralla Singh, all that Isher Kaur could claim de hors the will, is a right to maintenance and could possibly proceed against the property even in the hands of a transferee from her husband who had notice of her right to maintenance under the Hindu Adoptions and Maintenance Act. No doubt, but for the devise, she would have obtained the property absolutely as an heir, being a Class I heir. But, since the devise has intervened, the question that arises has to be considered in the light of this position.(Para 5)
       Now, it is clear from the section and implicit from the decisions of this Court, that for Section 14(1) of the Act to get attracted, the property must be possessed by the female Hindu on the coming into force of the Hindu Succession Act.(Para 7)
       Thus, it is seen that the antecedents of the property, the possession of the property as on the date of the Act and the existence of a right in the female over it, however limited it may be, are the essential ingredients in determining whether sub-Section (1) of Section 14 of the Act would come into play. What emerges according to us is that any acquisition of possession of property (not right) by a female Hindu after the coming into force of the Act, cannot normally attract Section 14(1) of the Act. It would depend on the nature of the right acquired by her. If she takes it as an heir under the Act, she takes it absolutely. If while getting possession of the property after the Act, under a devise, gift or other transaction, any restriction is placed on her right, the restriction will have play in view of Section 14(2) of the Act.(Para 11)
       When a male Hindu dies possessed of property after the coming into force of the Hindu Succession Act, his heirs as per the schedule, take it in terms of Section 8 of the Act. The heir or heirs take it absolutely. There is no question of any limited estate descending to the heir or heirs. Therefore, when a male Hindu dies after 17.6.1956 leaving his widow as his sole heir, she gets the property as class I heir and there is no limit to her estate or limitation on her title. In such circumstances, Section 14(1) of the Act would not apply on succession after the Act, or it has no scope for operation. Or, in other words, even without calling in aid Section 14(1) of the Act, she gets an absolute estate.(Para 22)
       An owner of property has normally the right to deal with that property including the right to devise or bequeath the property. He could thus dispose it of by a testament. Section 30 of the Act, not only does not curtail or affect this right, it actually reaffirms that right. Thus, a Hindu male could testamentarily dispose of his property. When he does that, a succession under the Act stands excluded and the property passes to the testamentary heirs. Hence, when a male Hindu executes a will bequeathing the properties, the legatees take it subject to the terms of the will unless of course, any stipulation therein is found invalid. Therefore, there is nothing in the Act which affects the right of a male Hindu to dispose of his property by providing only a life estate or limited estate for his widow. The Act does not stand in the way of his separate properties being dealt with by him as he deems fit. His will hence could not be challenged as being hit by the Act.(Para 13)
       When he thus validly disposes of his property by providing for a limited estate to his heir, the wife, the wife or widow has to take it as the estate falls. This restriction on her right so provided, is really respected by the Act. It provides in Section 14(2) of the Act, that in such a case, the widow is bound by the limitation on her right and she cannot claim any higher right by invoking Section 14(1) of the Act. In other words, conferment of a limited estate which is otherwise valid in law is reinforced by this Act by the introduction of Section 14(2) of the Act and excluding the operation of Section 14(1) of the Act, even if that provision is held to be attracted in the case of a succession under the Act. Invocation of Section 14(1) of the Act in the case of a testamentary disposition taking effect after the Act, would make Sections 30 and 14(2) redundant or otios. It will also make redundant, the expression property possessed by a female Hindu occurring in Section 14(1) of the Act. An interpretation that leads to such a result cannot certainly be accepted. Surely, there is nothing in the Act compelling such an interpretation. Sections 14 and 30 both have play. Section 14(1) applies in a case where the female had received the property prior to the Act being entitled to it as a matter of right, even if the right be to a limited estate under the Mitakshara law or the right to maintenance.(Para 14)
       Here, Ralla Singh has validly disposed of his separate property by a Will. This is permissible as he has the capacity to so dispose it of. He is also enabled to do so by Section 30 of the Hindu Succession Act. He is thus entitled to interfere with the succession that would have ensued if he had died intestate. In the context of the will executed by him the question is what has he bequeathed to his wife and whether he had placed any restriction on her estate so bequeathed. The corollary would be whether the appellant is entitled to the decree sought for by him in the context of Section 14(2) of the Hindu Succession Act.(Para 16)
       We shall now construe the will of Ralla Singh. He says in the will that he is 73 years old. He has no progeny. Only his wife and his two nephews (sisters son) are alive and he wants to dispose of the property during his life time. He was absolute owner of the properties. He wants to provide for management of the properties in such a manner that after his death his wife so long as she remains alive will be the absolute owner and party in possession of all his properties and after her death, the rights over the property would be inherited by his two nephews. He is hence executing the will in favour of his wife in respect of all his properties moveable and immovable so that she will be the absolute owner and party in possession after his death. So long as he was alive he will be the owner of his properties and after his death his wife would be the owner of his properties. So long as his wife was alive she will be owner of the properties and after her death his nephews will take the property in equal shares and during her lifetime his wife Isher Kaur will not transfer the properties to any other heirs by way of any Will. He has also added a note to the effect that his wife after his death will not be entitled to mortgage or sell the properties during her life time.(Para 17)
       Going by the terms of the will, initially, Ralla Singh has conferred an absolute estate on his wife subject to the restriction that she shall not dispose of the same by a will to any other heirs. The will also says that after the death of Isher Kaur, the two nephews Pritam Singh and Sadhu Singh would take the properties in equal shares. Thus, what is seen is that an apparent absolute estate has been conferred on Isher Kaur but with a stipulation that on her death the property will devolve on his two nephews and with an interdict that she shall not dispose of the property by testamentary disposition in favour of any other heir. It is stated that Isher Kaur will be the owner of the moveable and immoveable properties after the death of the testator. But at the end, the will has also stipulated that Isher Kaur will not be entitled to mortgage or sell the properties during her life time.(Para 18)
       Thus on reconciling the various clauses in the will and the destination for the properties that the testator had in mind, we have no hesitation in coming to the conclusion that the apparent absolute estate in favour of Isher Kaur has to be cut down to a life estate so as to accommodate the estate conferred on the nephews.(Para 20)
       Thus understood, it has necessarily to be held, as was held by the first appellate court, that Isher Kaur was not competent to gift away the properties in favour of the Gurdwara as she had done. Even if the gift were to be treated as valid, the donee thereunder cannot resist the claim for eviction by the legatees under the will, the nephews of Ralla Singh, on the cessation of the life estate of Isher Kaur. Admittedly, that life estate has ceased and once it is found that the plaintiff has acquired a title to the property as a legatee under the will, he would be entitled for and on behalf of himself and his brother to recover possession of the property from the Gurdwara in view of the death of Isher Kaur.(Para 21)
       (ii) Hindu Succession Act, 1956 - Section 30 - Testamentary succession - Construction of Will - Rule of harmonious construction so as to give effect to all the terms of the Will if it is in any manner possible.
       Held : What the court has to attempt is a harmonious construction so as to give effect to all the terms of the will if it is in any manner possible. While attempting such a construction, the rules are settled. Unlike in the case of a transfer in presenti wherein the first clause of the conveyance would prevail over anything that may be found to be repugnant to it later, in the case of a will, every effort must be made to harmonize the various clauses and if that is not possible, it will be last clause that will prevail over the former and giving way to the intention expressed therein.(Para 19)
       (iii) Hindu Succession Act, 1956 - Section 30 - Testamentary succession - Widow having taken life estate under disposition of husband - She had no competence to donate the property - Merely because mutation was effected, it would not lead to loss of title if plaintiff had otherwise acquired title under the Will and right to possession on death of the widow which, obviously, occurred after the mutation.
       Held : Merely because mutation was effected, it would not lead to the loss of the title if the plaintiff had otherwise acquired title under the will and the right to possession on the death of Isher Kaur which, obviously occurred after the mutation. On the materials available, including the clear evidence in proof of the will propounded by the plaintiff and upheld by the first appellate court, which finding was accepted by the second appellate court, we are satisfied that the fact that at the time of mutation, the plaintiff did not raise an objection on the strength of the will is not a circumstance that would justify the discarding of the will or the effect of it.(Para 22)

JUDGMENT

P.K. Balasubramanyan, J. - One Ralla Singh held some property. It was self-acquired. Isher Kaur was his wife. They had no children. On 7.10.1968, Ralla Singh executed a will. Ralla Singh died on 19.3.1977. His widow Isher Kaur on 21.1.1980, purported to gift the property in favour of a Gurdwara. The appellant filed a suit challenging the deed of gift. He also prayed for recovery of possession after the death of Isher Kaur. The appellant claimed that under the will of Ralla Singh, Isher Kaur took only a life estate and the properties were to vest in the appellant and his brother. On the terms of the will under which she took the properties, Isher Kaur had no right to gift the property to the Gurdwara. She was bound by the terms of the bequest. Isher Kaur and the Gurdwara, contended that the property received by Isher Kaur on the death of her husband was as his heir and it was taken by her absolutely and she was competent to deal with the property. It was pleaded that in any event, Section 14(1) of the Hindu Succession Act entitled her to deal with the property as an absolute owner. The appellant countered that Isher Kaur having taken the property under the disposition of her husband, was bound by its terms and she had only a life estate and no competence to donate the property. It was a case to which Section 14(2) of the Hindu Succession Act applied and the limitation on rights imposed by the will was binding on Isher Kaur. Her estate could not get enlarged under Section 14(1) of the Act.

2. The trial court held that the will propounded by the appellant was not genuine. On that basis, it dismissed the suit holding that Isher Kaur had taken the property absolutely on the death of her husband as an heir and under the circumstances she was entitled to donate the property to the Gurdwara. The appellant filed an appeal. Pending the appeal, on 17.6.1996, Isher Kaur died. The lower appellate court held that the will propounded by the appellant was proved to be the last will and testament of Ralla Singh. The appellant had proved its due and valid execution. The will was thus upheld. The Court held that on the terms of the Will, Isher Kaur had only a life estate or limited interest in the property and she had no right to transfer the property by way of gift. Since Isher Kaur had taken the property under the will which placed a restriction on her right, Section 14(2) of the Hindu Succession Act applied. Consequently, the appellant as the legatee under the will was entitled to recover possession of the property on the termination of the life estate of Isher Kaur. Thus the trial court decree was reversed and the suit decreed. On behalf of the donee Gurdwara, a Second Appeal was filed in the High Court. The High Court, by what can even charitably only be called a thoroughly unsatisfactory judgment, reversed the decision of the lower appellate court. It did not strain its thought process. Purporting to apply the ratio of the decision of this Court in V. Tulasamma Vs. V. Shesha Reddi [(1977) 3 SCR 261] and Raghubar Singh Vs. Gulab Singh [AIR 1998 SC 2401] that court held that Section 14(1) of the Act applied to the case. It did not refer to the decisions relied on, on behalf of the appellant herein. Though it accepted the finding of the appellate court on the genuineness and due execution of the will by Ralla Singh, it did not specifically deal with the question whether Section 14(2) of the Act was attracted to the case. Thus, reversing the decision of the lower appellate court, the High Court dismissed the suit. The appellant - plaintiff, is before us challenging the decision in Second Appeal.

3. The finding that Ralla Singh had executed a will on 7.10.1968 rendered by the lower appellate court has not been upset by the Second Appellate Court. In fact, it has considered the Second Appeal on the basis that the will has been executed and the property came to Isher Kaur on the basis of that Will. What it has presumably held is that Ish

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2006 Supreme(SC) 826

Cases Referred (9)