GURDIP SINGH Vs. AMARSINGH

JUDGEMENT

(1.) Kehar Singh had two wives, Basant Kaur and Sahib Devi. Sahib devi died during Kehar Singh's lifetime. Sahib Devi's son was Niranjan singh who also died during Kehar Singh's lifetime. Niranjan Singh had four sons and one daughter. On 26/04/1947 Kehar Singh in lieu of maintenance made three oral gifts of properties situated in three different villages in favour of his wife Basant Kaur. The question which arose for consideration before the lower court was whether Basant Kaur got an absolute estate in the gifted properties as result of the passing of the Hindu Succession Act. In regard to the land in village Ballowal the lower courts have held that she got an absolute estate. The High court was concerned in the second appeal with the lands in village Dhaipai and chominda, and it held the gift having been without any power of alienation would fall under S. 14 (2.

(2.) "The Ex. D-1 was the report of the Patwari in connection with the mutation proceedings and it said:

(3.) The High court on interpretation of the Assistant Collector's report came to the conclusion that Basant Kaur derived only a limited estate inasmuch as such a gift, according to the High court, would fall directly under S. 14 (2 of the Hindu Succession Act and as such the limited estate of Basant Kaur would not stand enlarged into an absolute estate. The challenge was to the gift made by Basant Kaur in favour of two step grandsons ignoring the other two.