JAGAN SINGH (DEAD) THROUGH LRS. versus DHANWANTI & ANR.

JAGAN SINGH (DEAD) THROUGH LRS. versus DHANWANTI & ANR.

A bhumidhar may create a restricted life estate for legatee by Will under s.169 of U.P. Zamindari Abolition and Land Reforms Act, 1951, and such restriction persists under s.14(2) of Hindu Succession Act, 1956. Sale of disputed property during appeal period is covered by doctrine of lis pendens under Transfer of Property Act, 1882 s.52, rendering sales subject to final determination.

Parties
Appellant: Jagan Singh (Dead) through LRs.; Respondent: Dhanwanti; Applicant: Poonam Rajput
Jurisdiction
India
Judgment Date
19 January 2012
Procedural Posture
Civil Appeal / Final Disposition on Appeal From High Court of Judicature at Allahabad
Outcome
Appeal allowed
Legal Topics
Bequest by Bhumidhar, Life Estate Restriction, Hindu Succession Act Section 14(2), Doctrine of Lis Pendens
Property Law Succession Law Bequest by Bhumidhar Life Estate Restriction Hindu Succession Act Section 14(2) Doctrine of Lis Pendens

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Parties

Jagan Singh (Dead) through LRs.

Appellant

Dhanwanti

Respondent

Poonam Rajput

Applicant

Procedural Posture

Civil Appeal / Final Disposition on Appeal From High Court of Judicature at Allahabad

Legal Issues

  1. 1 Whether a bhumidhar with transferable rights may impose a restriction (life estate) on legatee under U.P. Zamindari Abolition and Land Reforms Act, 1951 s.169(1)
  2. 2 Whether such restriction remains in light of Hindu Succession Act, 1956 s.14(2)
  3. 3 Applicability of doctrine of lis pendens under Transfer of Property Act, 1882 s.52 to disputed sale

Ratio Decidendi

A bhumidhar may create a restricted life estate for legatee by Will under s.169 of U.P. Zamindari Abolition and Land Reforms Act, 1951, and such restriction persists under s.14(2) of Hindu Succession Act, 1956. Sale of disputed property during appeal period is covered by doctrine of lis pendens under Transfer of Property Act, 1882 s.52, rendering sales subject to final determination.

Court Disposition

Appeal allowed

Orders

  • Judgments/orders of Civil Judge, Additional District Judge, and Allahabad High Court are set aside.
  • Declaration that respondent No.1 has no right to sell the disputed parcel of land.