GURDIP SINGH AND ANR. versus AMAR SINGH AND ANR.

GURDIP SINGH AND ANR. versus AMAR SINGH AND ANR.

A gift made in favour of a widow in lieu of her right to maintenance before the Hindu Succession Act, 1956 falls under section 14(1), thus her estate in the gifted properties is enlarged into absolute estate.

Parties
Appellant: Gurdip Singh; Respondent: Amar Singh
Jurisdiction
India
Judgment Date
14 February 1991
Procedural Posture
Civil Appeal / Appeal From Punjab and Haryana High Court Judgment in R.s.a. No. 334 of 1975
Outcome
Appeal allowed
Legal Topics
Section 14 of Hindu Succession Act, Enlargement of Widow's Estate, Property Gifted in Lieu of Maintenance
Succession Law Hindu Personal Law Section 14 of Hindu Succession Act Enlargement of Widow's Estate Property Gifted in Lieu of Maintenance

Case Brief

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Parties

Gurdip Singh

Appellant

Amar Singh

Respondent

Procedural Posture

Civil Appeal / Appeal From Punjab and Haryana High Court Judgment in R.s.a. No. 334 of 1975

Legal Issues

  1. 1 Whether property acquired by widow by gift in lieu of maintenance before Hindu Succession Act, 1956 stands enlarged into absolute estate under Section 14(1).
  2. 2 Whether such property falls under Section 14(1) or Section 14(2) of Hindu Succession Act, 1956.

Ratio Decidendi

A gift made in favour of a widow in lieu of her right to maintenance before the Hindu Succession Act, 1956 falls under section 14(1), thus her estate in the gifted properties is enlarged into absolute estate.

Court Disposition

Appeal allowed

Orders

  • Basant Kaur held to have acquired absolute estate in the gifted properties.
  • Decision of the High Court reversed.