GOPAL SINGH & ANR. versus DILE RAM (DEAD) BY LRS. & ORS.

GOPAL SINGH & ANR. versus DILE RAM (DEAD) BY LRS. & ORS.

Upon the Hindu Succession Act, 1956 coming into force, the widow's limited estate became absolute estate under Section 14. Since the compromise decree declared the purported gift ineffective, she continued as the limited owner until 1956, and was competent to bequeath the property by will thereafter. The will was...

Source-derived case information.

Parties
Appellant: Gopal Singh; Appellant: Jagdish; Appellant: Bhup Singh; Appellant: Kirat Ram; Respondent: Dile Ram (Dead) by LRs.
Jurisdiction
India
Judgment Date
06 October 1987
Procedural Posture
Civil Appeal / Supreme Court Appeal From Himachal Pradesh High Court Judgment Dated 27.4.1978
Outcome
Appeal allowed
Legal Topics
Hindu Succession Act, 1956, Limited Ownership of Hindu Widows, Transfer of Property by Will, Reversionary Rights
Property Law Succession Law Hindu Succession Act, 1956 Limited Ownership of Hindu Widows Transfer of Property by Will Reversionary Rights

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Parties

Gopal Singh

Appellant

Jagdish

Appellant

Bhup Singh

Appellant

Kirat Ram

Appellant

Dile Ram (Dead) by LRs.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Himachal Pradesh High Court Judgment Dated 27.4.1978

Legal Issues

  1. 1 Whether a Hindu widow who inherited property in 1942 as a limited owner acquired absolute ownership of the property after the Hindu Succession Act, 1956, and was competent to transfer it by will
  2. 2 Effect of earlier gift and compromise decree on rights of reversioners after the widow's death

Ratio Decidendi

Upon the Hindu Succession Act, 1956 coming into force, the widow's limited estate became absolute estate under Section 14. Since the compromise decree declared the purported gift ineffective, she continued as the limited owner until 1956, and was competent to bequeath the property by will thereafter. The will was genuine and properly executed, making the appellants entitled to the property.

Court Disposition

Appeal allowed

Orders

  • Judgment and order of the Himachal Pradesh High Court are set aside
  • Parties will pay their own costs