BHOLA RAM Vs. MADAN LAL

JUDGEMENT

(1.) The only point involved in this appeal is whether succession to the estate of the deceased Daya Kaur is governed by Section 14(1) of the Hindu Marriage Act, 1956 (hereinafter referred to as 'the Act') or not. To decide this point, the following facts are necessary to be noticed :--

(2.) In the written statement filed by the defendants, they took the plea that Daya Kaur was not full owner of the suit property as she was given only life estate by her husband Radha Ram on the basis of the Will dated 16-11-1964. After the death of Daya Kaur, the land was to revert back to four sons of Daya Ram (sic) and as such Daya Kaur could not execute the Will in favour of the plaintiff-respondents. They further stated that Radha Ram had excluded his male heirs, his three daughters and Daya Kaur. Therefore, the mutation was rightly sanctioned in favour of four sons of Radha Ram ignoring the Will put up by the plaintiff-respondents.

(3.) On the pleadings of the parties, the trial Court framed the following issues besides that of relief :--