JASWANT KAUR Vs. MAJOR HARPAL SINGH

JUDGEMENT

(1.) The only question which arises in the case relates to applicability of S. 14 (1 or 14 (2 of the Hindu Succession Act. Long before the Hindu Succession Act came into force, the husband of the appellant gave to her one half of his property under a will, but the will imposed certain restrictions on the right of alienation, "the appellant continued to be in possession of the property till the Hindu Succession Act came into force. It is said that thereafter she disposed of a part of the property which is the subject matter of challenge by the respondent by way of suit.

(2.) The question raised in this appeal has been considered in detail and is concluded by the judgment of this court in Gulwant Kaur v. Mohinder Singh wherein it is observed :

(3.) After this decision there are number of other decisions taking the same view and it is now settled law that if a female Hindu acquires property under a written instrument or a decree of the court and where such acquisition is not traceable to any antecedent right then subsection (2 of S. 14 alone would be attracted and where an antecedent right is traceable, a document in the nature of will is of no consequence and the case will be covered by provisions contained in S. 14 Ss. (1. We, therefore, find no justification in maintaining the judgment passed by the High court. The appeal is therefore allowed. The judgment passed by the High court is set aside and the suit filed by the respondent is dismissed. The appellant shall be entitled to costs of this appeal. Costs quantified at Rs. 5,000. 00.