B HANUMAN PRASAD Vs. INDRAWATI

JUDGEMENT

(1.) This is an appeal by the defendants from a decree passed by a Civil Judge, Mathura for a declaration that an alienation made by Srimati Bhagwati in favour of the defendants-appellants was "void beyond the life time of Mst Bhagwati and does not bind the reversioners, who would be entitled after the death of Mst. Bhagwati, to possession over the assets of Babu Kalyan Singh". The last male owner of the property in dispute, Kalyan Singh, died in 1918 leaving his widow Srimati Bhagwati, who inherited his property as a Hindu widow, his mother Srimati Hardeyi and two daughters Srimati Indrawati, plaintiff-respondent, and Srimati Radha Rani, pro forma defendant-respondent. On the death of Kalyan Singh there were disputes and criminal cases between the claimants to his property and on 10-10-1919 Bhagwati executed a deed of iqrarnama to settle them. The plaintiff contended that the deed of iqrarnama was tantamount to a deed of transfer in favour of the defendants-appellants and was not binding on the reversioners.

(2.) The suit was contested by the defendants-appellants but has been decreed by the learned Civil Judge.

(3.) After the appeal was filed the Hindu Succession Act (No. XXX of 1956) was enacted to amend and codify the law relating to intestate succession among Hindus, Section 6 of the Act provides for devolution of interest in coparcenary property and Section 8 lays down general rules of succession in the case of males When a male dies, his property will devolve upon his sons and daughters, sons and daughters of predeceased sons and daughters, his widow and widows of pre-deceased sons and sons of pre-deceased sons and sons and daughters of his pre-deceased sons of pre-deceased sons. Each son, each daughter, the widow and the mother will take one share each. Section 14 lays down that