BUDHAN Vs. SAURANSINGHS

JUDGEMENT

(1.) On the findings recorded by the courts below the parties to the dispute are governed by Agricultural Custom known as Customary Law as applicable in the State of Haryana, which was formerly part of the erstwhile State of Punjab, in the matter of inheritance and succession. The last male holder Shiv Chandi made the gift in question of agricultural land in favour of a collateral's daughter. The other collaterals objected to it and the gift was set aside. While proceedings were pending for having the gift set aside, Shiv Chandi died. A suit for possession of the disputed land was additionally brought by the collaterals. When the gift was set aside, the donee resisting possession projected that Shiv Chandi before his death had executed a Will in her favour. The Will was factually proved before the courts below and held to be otherwise valid. The point which arose before the courts below as well as before the High court, was whether on the date when the Will was executed, Shiv Chandi had any subsisting interest. It is patent that he had parted with his property by means of the gift in question. He having deprived himself of the ownership of the property during his lifetime had obviously no subsisting interest in it on the date of his death. Under the Customary Law, the gift was valid during his lifetime but would render itself invalid on the day of his death so as to form part of his estate, to be succeeded by his natural heirs or collaterals, as the case may be. As is evident, the gift in favour of the donee operated till the lifetime of the donor but on the latter's death it fell to be succeeded by his collaterals. There was not even a moment available in which he could exercise any rights of ownership over the land so as to make a Will which per se is nothing but a gift operating after the death of the legator. The High court, in these circumstances, rightly held that the Will conferred no title on the donee/legatee. In this view of matter there is no substance in this appeal which is accordingly dismissed. No costs.