SMT. BULAKI (DEAD) BY LRS. versus LAL DHAR AND ORS.

SMT. BULAKI (DEAD) BY LRS. versus LAL DHAR AND ORS.

The first two gift deeds executed in 1951 are valid as subsequent permission validates the alienation; property conveyed thereby is not open to succession. With respect to the third gift deed (1957), after demise of the male holder and co-widows, succession to the estate passes to the three surviving daughters, each entitled to one-third share under statutory provisions.

Parties
Appellant: Smt. Bulaki (Dead) by LRs.; Respondent: Lal Dhar and Ors.
Jurisdiction
India
Judgment Date
19 February 1997
Procedural Posture
Civil Appeal / Judgment on Appeal From Allahabad High Court, Second Appeal No. 500 of 1965
Outcome
Appeal allowed; decree of trial court modified
Legal Topics
Devolution of Interest, Gift Deeds, Succession of Bhumidar, Alienation of Land, U.p. Zamindari Abolition and Land Reforms Act
Property Law Devolution of Interest Gift Deeds Succession of Bhumidar Alienation of Land U.p. Zamindari Abolition and Land Reforms Act

Case Brief

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Parties

Smt. Bulaki (Dead) by LRs.

Appellant

Lal Dhar and Ors.

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Allahabad High Court, Second Appeal No. 500 of 1965

Legal Issues

  1. 1 Whether subsequent permission validates alienation by gift under U.P. Zamindari Abolition and Land Reforms Act, 1950
  2. 2 Whether Sub-Divisional Officer had jurisdiction to grant permission for alienation
  3. 3 Succession of property conveyed under gift deeds after the death of the male holder

Ratio Decidendi

The first two gift deeds executed in 1951 are valid as subsequent permission validates the alienation; property conveyed thereby is not open to succession. With respect to the third gift deed (1957), after demise of the male holder and co-widows, succession to the estate passes to the three surviving daughters, each entitled to one-third share under statutory provisions.

Court Disposition

Appeal allowed; decree of trial court modified

Orders

  • Decree of the trial court modified to award 1/3rd share of estate from third gift deed dated 18.11.1957 to each daughter (Sulabi, Bulaki, Guniya)
  • No order as to costs