SULTAN SINGH Vs. AMAR NATH

JUDGEMENT

(1.) In order to appreciate the controversy, the following pedigree table may be kept in view : Banwari Lal = Roop Devi Murari Lal = Memo Devi Amar Nath Dewan Chand Sultan Singh Shiv Raj Singh

(2.) Banwari Lal was the Karta of the joint Hindu family and the joint Hindu family had substantial joint Hindu property and business. On 27th March, 1942, Banwari Lal died, leaving behind, his wodow, Smt. Roop Devi and three sons, namely, Murari Lal, Amar Nath and Dewan Chand. Murari Lai was the eldest son and, therefore, he became the Karta. On 10th July, 1942, the coparcenary was dissolved and on 26th June, 1943 a deed of settlement/partition was executed between the coparceners and their mother, Smt. Roop Devi, as on partition of joint Hindu family, besides some cash, she was given the ownership of a three storeyed house on plot No. 49, Block G, Lekhram Road, Darya Ganj, Delhi. In plot, the erstwhile, Hindu und'vided A family had held perpetual lease hold rights. The translation of the relevant recital is reproduced herein below :

(3.) On 17th June, 1956, Hindu Succession Act came into force and by virtue of Section 14(1) of the Act, whatever property she got under the settlement deed of 26th June, 1943, became the full ownership of Smt. Roop Devi and she chased lo have a restricted widow's estate. There is a string of authorities of the Supreme Court in this behalf that where a Hindu female is given immovable property in recognition of her preexisting right, she becomes the full owner thereof by virtue of section 14(1) of the Act and the limited estate which she held immediately before coming into force of the Act, got converted into full ownership.