VidhiSangh

Supreme Court of India · 12/12/2017

MR. RANVIR DEWAN versus MRS. RASHMI KHANNA & ANR.

[2017] 13 S.C.R. 542 · 2017 INSC 1219

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Summary

A widow’s testamentary right to reside in and receive income from a house did not enlarge into absolute ownership. Construing the will and the surrounding disposition, the Court held that it created a restricted estate for the first time under section14(2), while giving the children ownership and the widow other properties absolutely.

Issues

  1. Whether the widow’s life interest under the will enlarged into absolute ownership under section14(1).
  2. How a new restricted testamentary grant differs from property received in recognition of a pre-existing maintenance right.

Held

Result

Appeal dismissed; finding that the widow held only a restricted life interest under section14(2) in the suit house affirmed.

Judgment PDF: Supreme Court of India, [2017] 13 S.C.R. 542.