RAJ KUMAR MOHAN SINGH & ORS. versus RAJ KUMAR PASUPATINATH SARAN SINGH & ORS.

RAJ KUMAR MOHAN SINGH & ORS. versus RAJ KUMAR PASUPATINATH SARAN SINGH & ORS.

Raja Bishwanath, adopted during Rani Jagannath Kuar's lifetime, had no vested interest in the taluqdari estate until her death; he was not competent to settle the estate in 1932 and the trust deed was inoperative in regard to taluqdari estate. Section 22(7) of Oudh Estates Act vested the estate in the widow and adopted son acquired it only after her death.

Parties
Appellant: Raj Kumar Mohan Singh; Respondent: Raj Kumar Pasupatinath Saran Singh
Jurisdiction
India
Judgment Date
19 April 1968
Procedural Posture
Civil Appeal / Supreme Court Appeal From Allahabad High Court, Lucknow Bench, First Civil Appeal No. 70 of 1950
Outcome
Appeal allowed; decree of High Court modified.
Legal Topics
Oudh Estates Act, Adoption and Intestacy, Will Executed Within Prohibited Period, Widow's Estate and Title, Effect of Trust Deed, Transfer of Property Act S.43
Succession Trusts and Estates Property Law Oudh Estates Act Adoption and Intestacy Will Executed Within Prohibited Period Widow's Estate and Title Effect of Trust Deed +1 more

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Parties

Raj Kumar Mohan Singh

Appellant

Raj Kumar Pasupatinath Saran Singh

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Allahabad High Court, Lucknow Bench, First Civil Appeal No. 70 of 1950

Legal Issues

  1. 1 Interpretation of will as conferring estate interest on adopted son
  2. 2 Operation of will executed less than three months before testator's death under s.13(1) Oudh Estates Act
  3. 3 Vested interest of adopted son during widow's lifetime under s.22(7)

Ratio Decidendi

Raja Bishwanath, adopted during Rani Jagannath Kuar's lifetime, had no vested interest in the taluqdari estate until her death; he was not competent to settle the estate in 1932 and the trust deed was inoperative in regard to taluqdari estate. Section 22(7) of Oudh Estates Act vested the estate in the widow and adopted son acquired it only after her death.

Court Disposition

Appeal allowed; decree of High Court modified.

Orders

  • Declaration that deed of trust dated August 29, 1932 by Raja Bishwanath Saran Singh did not operate to settle any property of the taluqdari estate governed by Oudh Estates Act.
  • Direction that receiver shall hand over properties mentioned in trust deed to Rajkumar Mohan Singh.