SANT RAM DASS Vs. GURDEV SINGH

JUDGEMENT

(1.) THIS order will dispose of two second appeals, R. S. A. No. 592 of 1958 and R. S. A. No. 601 of 1958.

(2.) THE land in dispute at one time belonged to Daya Singh who was childless and left a widow smt. Ind Kaur. He made a will of his land on the 21st of Kartik, 1958 Bk. in favour of one bakhtawar Singh, who was his brother-in-law's son. According to the Hadayats of the Ruler of nabha State, to which the parties belong, the will had to be submitted to the Ruler for sanction. The will was submitted for sanction on the 21st of Kartik, 1958 Bk. On the 24th of Kartik, 1958 bk. the sanction was refused. In 1960 Bk. Daya Singh died and was succeeded by his widow smt. Ind Kaur. The matter of sanction was again raised by Bakhtawar Singh and on the 18th of baisakh, 1965 Bk. the sanction was granted: vide Exhibit P. W. The sanction was in these terms:

(3.) AFTER hearing the learned counsel for the parties, I am of the view that these appeals must succeed. After coming into force of the Hindu Succession Act the whole position is altered. Section 14 of the Act makes a female Hindu possessed of property whether acquired before or after the commencement of the Act as an absolute owner of the same. It cannot be disputed that on the death of Bakhtawar Singh, Smt. Bhagwan Kaur came into lawful possession of his property, and as soon as the Act came into force, she became its absolute owner. At this stage the arguments of Mr. Chawla, learned counsel for the respondents in one appeal and Mr. Babu Ram in the other, may be enumerated before they are examined. The learned counsel contend: