SADHU SINGH versus GURDWARA SAHIB NARIKE AND ORS.

SADHU SINGH versus GURDWARA SAHIB NARIKE AND ORS.

Where a Hindu male bequeaths property by will to his widow with express restrictions on transfer, and provides for devolution to other legatees on her death, the widow takes only a life estate under Section 14(2) of the Hindu Succession Act, and is not entitled to dispose of the property absolutely; thus, any disposition by her contrary to the will is void and beneficiaries under the will are entitled to possession after her death.

Parties
Appellant: Sadhu Singh; Respondents: Gurdwara Sahib Narike and Ors.
Jurisdiction
India
Judgment Date
08 September 2006
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal allowed; judgment and decree of High Court set aside; recovery of possession granted to plaintiff (appellant).
Legal Topics
Hindu Succession Act, Testamentary Succession, Life Estate, Will Construction
Succession Law Family Law Hindu Succession Act Testamentary Succession Life Estate Will Construction

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Parties

Sadhu Singh

Appellant

Gurdwara Sahib Narike and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether a Hindu widow taking property under a will with express restrictions had only a life estate or an absolute estate under Sections 14(1) or 14(2) of the Hindu Succession Act, 1956.
  2. 2 Competency of such widow to transfer/gift the property in contravention of the will's conditions.
  3. 3 Proper construction of will clauses creating restricted, rather than absolute, rights in the devisee.

Ratio Decidendi

Where a Hindu male bequeaths property by will to his widow with express restrictions on transfer, and provides for devolution to other legatees on her death, the widow takes only a life estate under Section 14(2) of the Hindu Succession Act, and is not entitled to dispose of the property absolutely; thus, any disposition by her contrary to the will is void and beneficiaries under the will are entitled to possession after her death.

Court Disposition

Appeal allowed; judgment and decree of High Court set aside; recovery of possession granted to plaintiff (appellant).

Orders

  • The gift executed by the widow in favour of the Gurdwara is set aside.
  • Plaintiff (legatee nephew) is entitled to recover possession of the property from the Gurdwara.