SHIV DAS AND ORS. versus SMT. DEVKI (DEAD) BY LRS. AND ORS.

SHIV DAS AND ORS. versus SMT. DEVKI (DEAD) BY LRS. AND ORS.

Radha (mother) was only a limited owner, entitled to enjoy the properties during her lifetime; alienations or gifts made by Radha, or alienation by appellant, are invalid and do not bind the sisters of Mela Ram or their representatives. Succession opened at Mela Ram’s death, and both sisters are entitled to equal...

Source-derived case information.

Parties
Appellant: Shiv Dass; Respondent: Smt. Devki (Dead) by LRs
Jurisdiction
India
Judgment Date
07 March 1995
Procedural Posture
Civil Appeal / Appeal Disposed of by Supreme Court
Outcome
Appeal disposed of; decree of trial court confirmed.
Legal Topics
Mother Succeeding to Estate of Son, Gift to Grandson, Challenge by Sisters, Limited Estate, Reversionary Rights
Hindu Law Succession Mother Succeeding to Estate of Son Gift to Grandson Challenge by Sisters Limited Estate Reversionary Rights

Source-derived case record

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Parties

Shiv Dass

Appellant

Smt. Devki (Dead) by LRs

Respondent

Procedural Posture

Civil Appeal / Appeal Disposed of by Supreme Court

Legal Issues

  1. 1 Validity of gift and alienation by limited owner (mother) to grandson
  2. 2 Entitlement of sisters to estate of deceased brother
  3. 3 Effect of Hindu Succession Act, 1956 on inheritance rights

Ratio Decidendi

Radha (mother) was only a limited owner, entitled to enjoy the properties during her lifetime; alienations or gifts made by Radha, or alienation by appellant, are invalid and do not bind the sisters of Mela Ram or their representatives. Succession opened at Mela Ram’s death, and both sisters are entitled to equal moiety in the estate.

Court Disposition

Appeal disposed of; decree of trial court confirmed.

Orders

  • Trial court's decree confirmed as preliminary decree declaring rights of parties.
  • On application, trial court to proceed to pass final decree.