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SUPREME COURT OF INDIA
R.K. AGRAWAL, ABHAY MANOHAR SAPRE, JJ.
Mr. Ranvir Dewan - Appellant(s)
VERSUS
Mrs. Rashmi Khanna & Anr. – Respondent(s)
CIVIL APPEAL No. 21784 OF 2017 (ARISING OUT OF SLP (C) No.32044/2016)
Decided On : 12-12-2017
HINDU SUCCESSION ACT, 1956 - Sections 30, 14(1), (2) - Will - Claim for absolute estate by Hindu widow - Will of male Hindu providing only life interest or ' restricted interest' for widow - Widow neither acquiring absolute interest in suit property nor her 'life interest' enlarged into absolute interest by virtue of Section 14(1) - Widow's right falling under Section 14(2) cannot claim absolute interest in property.
The core legal issue in this case revolves around the nature of the interest acquired by Mrs. Pritam in the suit property through her husband's Will. The question is whether her right qualifies as an absolute ownership under Section 14(1) of the Hindu Succession Act or remains a restricted "life interest" under Section 14(2).
The Court's analysis indicates that the testator, being the sole owner of the property, had the legal right to dispose of it as he wished, including granting only a life interest to his wife. The Will explicitly provided Mrs. Pritam with a "life interest" in the property, which was intended to give her the right to reside and receive income during her lifetime, but not to claim absolute ownership (!) (!) .
The legal principles clarified that a property transferred to a female in lieu of maintenance or at a partition, or under similar circumstances, is considered a restricted estate unless the transfer explicitly confers an absolute right. Such restrictions are recognized under the law, and a limited or life interest does not automatically convert into absolute ownership unless explicitly provided (!) (!) .
Furthermore, the Court emphasized that the law distinguishes between rights conferred by a will or transfer that create a new title (which could be absolute) and those that merely recognize pre-existing rights such as maintenance or inheritance rights. Since Mrs. Pritam's interest was derived from her husband's Will and was subject to restrictions, it falls under the category of a restricted estate governed by Section 14(2) (!) (!) .
In this case, the Will's language and the circumstances confirm that Mrs. Pritam's right was always a "life interest" rather than an absolute estate. Her right was limited to her lifetime and did not enlarge into full ownership after her husband's death. Consequently, her interest remained a restricted estate, and she could not claim absolute ownership over the property (!) (!) .
The Court concluded that the legal position and the facts of the case align with the principles that restrict the scope of Section 14(1) to properties acquired without pre-existing rights and that transfers in lieu of maintenance or at partition are governed by Section 14(2). Therefore, the Courts below correctly held that Mrs. Pritam's interest was a "life interest" within the meaning of Section 14(2), and the appeal was dismissed accordingly (!) (!) .
JUDGMENT
Abhay Manohar Sapre, J.
1. Leave granted.
2. This appeal is filed by plaintiff No.1 against the final judgment and order dated 13.07.2016 passed by the Division Bench of the High Court of Delhi at New Delhi in R.F.A.(OS) No.147 of 2013 whereby the High Court dismissed the appeal filed by Plaintiff No.2 (since dead) and the appellant (plaintiff No.1) herein and confirmed the judgment and order dated 11.10.2013 of the Single Judge of the High Court in C.S.(O.S.) No.1502 of 2010.
3. In order to appreciate the controversy involved in the appeal, it is necessary to set out the facts of the case.
4. The appellant is plaintiff No.1 whereas the respondents are the defendants in a suit out of which this appeal arises. The appellant is the brother whereas respondent No.1 is the appellant’s sister.
5. The dispute in this appeal is essentially between the mother, brother(son) and the sister(daughter). It relates to a residential house consists of basement and two floors situated at D246, Defense Colony, New Delhi (hereinafter referred to as the “suit house”).
6. Mr. B.R. Dewan was the sole owner of the suit house. He had two wives-Mrs. Kamla Devi and second -Mrs. Pritam. Out of wedlock with first wife -Mrs. Kamla Devi, a son -Ashok was born whereas out of wedlock with second wife -Mrs. Pritam, a son-Ranvir-appellant and a daughter-Rashmi-respondent No.1 were born. Mr. Dewan owned moveable and immovable properties,
7. On 24.06.1984, Mr. Dewan executed a Will of his properties (movables and immoveable). So far as the suit house with which we are concerned in this appeal, Mr. Dewan gave its ground floor to his son-Ranvir Dewan exclusively whereas the first floor, he gave exclusively to his daughter-Rashmi Khanna.
8. So far as wife-Pritam was concerned, he gave to her a “life interest” to reside in the suit house till her death and also to recover the rent and utilize the income earned by way of rent to maintain herself and the suit house. He also gave her a right to evict the tenants and induct the new ones.
9. The Will, in clear terms, recited that the wife Mrs. Pritam is given “life interest” in the suit house and she will act as a trustee of its legal owners (son and daughter) and utilize the income earned out of it and on her death, by his son and daughter to whom the suit house was given exclusively.
10. The Will also recited that Ranvir and Rashmi would be free to get themselves assessed as owners of their respective shares in the suit house in their wealth tax assessment cases on the death of Mr. Dewan.
11. Mr. Dewan then gave his share in HUF property -B.R. Dewan & sons which consists of a plot at Ghaziabad, bank balances, shares, debentures, fixed deposits and all household articles exclusively to his wife –Mrs. Pritam. He also made provision for his first wife-Kamla Devi for her maintenance to pay Rs.500/-per month to her during her life time.
12. In this manner, Mr. Dewan made disposition of his entire moveable and immoveable property in the Will. In the last, he expressed that he has executed the Will with a hope that there would be no dispute and litigation amongst his family members qua the properties on his death.
13. On 16.09.1984, Mr. Dewan expired. Mrs. Pritam -second wife of late Mr. Dewan then applied for grant of probate of the Will dated 26.04.1984. The Competent Court granted the probate on 12.10.1987. It was followed by the consequential order dated 05.01.1989 to enable the parties to give effect to the Will. The son and daughter accordingly got their names mutated in the municipal records as owners of their respective shares in the suit house.
14. Contrary to the testator’s hope, soon after his demise, the disputes started between the mother and son on one side and the daughter on the other side. Initially, parties sat together and decided to develop the suit house by making some additions/alterations and accordingly entered in family settlement followed by an agreement with the developers/builders to develo
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