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RANVEER DEWAN VS RASHMI KHANNA AND ANOTHER 2018 (12) SCC
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RANVEER DEWAN VS RASHMI KHANNA
AND ANOTHER 2018 (12) SCC
AUTHORED BY - MIHIKA PANDEY &
YASH RAJ
FACTS: -
The dispute is regarding a house
which is situated at Delhi and it is among the mother, son and daughter of the
person. The suit is for the property of
Mr. B R Dewan and he is the sole owner of the house and he was married to two
women from one there was a son only and from another there was a son (appellant)
and daughter (respondent 1) for the appeal and the person owned all the movable
and immovable property of that place. The will was made by the Mr. Dewan for
the house and in the will the ground was provided to the son and first floor
was provided to the daughter. The wife got life interest in the property till
her life and she had the right to collect the rent to maintain her and the
house and she can keep tenants according to her and she has the right to decide
which tenant can be in the house. The will has that the wife has the life
interest in the house and the son and daughter can assessed themselves as the
owner of the house for their share for tax of the house.
The other properties were for the
second wife and there was provision in which it was that the second wife has to
pay Rs. 500/- to the first wife. The second wife became probate for the
execution and the son and daughter was provided with their shares and then
there was a decision to develop the house. The dispute is for the third floor
which was later developed and the wife , son and daughter was not able to
decide it that the possession of that floor is with which one of them.
ISSUES: -
There were several reliefs granted by
the court in the plaint but the relief which was in question here was that:-
1. Whether
Mrs. Pritam ( wife of Mr. Dewan) is entitled to be the complete owner of the
property ?
2. Whether the
rights of Mrs. Pritam was enlarged under sec 14(1) of Hindu succession act?
LEGAL PROVISIONS: -
SEC 14 (1) of Hindu Succession Act
Any property held by Female hindu
whether acquired before or after the commencement of this act will be held by
her as full owner thereof and not as limited owner
Explanation: -
In this sub-section “property”
included both movable and immovable property acquired by a female Hindu by
inheritance or devise or at a partition or in lieu of maintenance or arrears of
maintenance or by gift from any person whether a relative or not before at or
after her marriage or by her own skills or exertion or by purchase or by
prescription or in any other manner whatsoever and also any such property held
by her as stridhana immediately before the commencement of this act.
In the plaint it was held that in the
relief by the court it was held that the property should be of the wife Mrs.
Pritam and she should be the complete owner from ground floor to third floor
and roof as her rights were enlarged under sec 14(1) of the Hindu succession
act.
SEC 14(2) of Hindu Succession Act
Nothing contained in sub section 1
shall be applied to any property as gift or acquired under will or any other
instrument or under a decree or order of a civil court or under an award where
the terms of the gift will or other instruments or the decree, order or award
prescribed a restricted estate in such property.
In the will made by Mr. B R Dewan it
was written that the property of Mr. B R Dewan will be divided among the daughter
and the son and daughter will be the owner of the first floor of the house and
the son will be the owner of the ground floor of the house and wife will have a
life interest in the property and she will be having the rent of the house and
she can assign the tenants for the house and the owners of the house will be
her son and daughter.
JUDGMENT: -
The court held that the testator has
made his the owner of the ground floor and his daughter owner of the first
floor and allowed them to be the owners. The wife had the HUF share in the
property, one plot in Gaziabad and movable properties. It is the principal of
law that the will is primarily be as it is written.
In the will it is not any confusion
in the distribution of the property among the three people and how the
distribution of the property should be there and who will get what property.
The share of the different property was
decided and the interpretation of sec 14 (1)
of Hindu Succession act and Sec 14 (2)
of Hindu succession act was that these section have said that the property of
female will be their if there is no exception in the property. In different
cases the court has held that Sec 14 (1) has been in the way to promote the
rights of the hindu female and to enlarge the rights and for hindu female to
get the rights for them and the limited rights to be the complete rights for
them. Sec 14(2) of Hindu succession act is in the type of proviso and it has
its own field and it does not have to be according to the sec 14(1) of hindu
succession act and Sec 14(2) is for the instruments, decrees, awards, gifts etc
which creates independent and new title in favor of female for the first time
and does not there for any thing to confirm , endorse etc which is already
there and not for the first time. In such cases a restricted estate is
permissible and does not creates rights of sec 14(1) of the Hindu succession
act.
ANALYSIS: -
The court held that the will should
be in the way as it is written. The owner of the property has the right to
dispose the property as he wants and it will be divided according to the
testamentary document and by succession and if a hindu male divided the
property by will the property is deal as the will if there is nothing which is
invalid in that for anything. This is the reason the Hindu male has the right
to deal with his property by the will and he can also give his wife life
interest and limited rights in the property if he has will and he has the right.
If there is any limitations by the male for anyone on the property that person
has to accept that restriction on that property for him and he has the right
for that and other people can not claim for more rights as by the person. In
sec 14(2) of the hindu succession act the hindu female has to accept the
limited rights which is of her in the property and which the other person has
written in the will and she does not have the right that she can enlarge her
right in the property and she has to accept the limited rights and her rights
can not be enlarded under sec 14(1) and she will get the property as the
testamentary document and the limited right in property by the person.
CONCLUSION: -
In this case the court held that Mrs.
Pritam rights will not be deal under sec
14(1) but it will be under sec 14(2) and the reason for that will be that the
person was the complete owner of the property and he can distribute the
property in the way he wants and he can not be asked about the property and Mr. Dewan had made his son
and daughter complete owner of the property and he had also decided in the will
that ground floor will be of the son and
first floor will be of daughter and he made the son and daughter the complete
owner of the property and he said that his wife will have life interest in the
property which means that
she is not the complete
owner of the property and she can not want more rights for the property as the person
is the complete owner of the property and he has a will for the property. The
property will be of only with the wife as life interest and the rights of the
wife will not enlarge under sec 14(1) as the rights on the property is there in
the will and the rights should be as the will. The rights of Mrs. Pritam can
not be enlarged and she will not be the complete owner of the property the
complete owner of the property will be the son and daughter and it is in the
will.
Article Information
RANVEER DEWAN VS RASHMI KHANNA AND ANOTHER 2018 (12) SCC
Authors: MIHIKA PANDEY, YASH RAJ
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/03/13
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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