VidhiSangh

Supreme Court of India · 08/05/2018

BASANTI DEVI (DEAD) BY LRS & ORS versus RATI RAM & ORS.

[2018] 6 S.C.R. 1029 · 2018 INSC 459

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Summary

The Supreme Court held that a widow’s limited interest created for the first time by a compromise decree did not enlarge into absolute ownership under section 14(1) of the Hindu Succession Act. Neither she nor her husband had a pre-existing right in the disputed land, and the property was not shown to have been given in lieu of maintenance. Section 14(2) therefore governed the restricted grant. The appeal against the decree for possession in favour of the original owners’ successors was dismissed.

Issues

  1. Whether the widow possessed a pre-existing right or acquired only the limited interest created by the compromise decree.
  2. Whether section 14(1) enlarged that interest or section 14(2) preserved its restriction.

Held

Result

Appeal dismissed; the High Court’s restoration of the trial court’s decree for possession stood. No order as to costs.

Judgment PDF: Supreme Court of India, [2018] 6 S.C.R. 1029.