2002 (1) TMI 1350 - SC - Indian Laws

Summary

Issues:
1) Interpretation of a Will regarding the bequeathal of property by Jamuna Prasad to his wives and subsequent heirs.
2) Validity of the subsequent bequeath in the Will in favor of daughters' sons.
3) Succession rights of daughters' sons under the Hindu Succession Act and U.P. Zamindari Abolition & Land Reforms Act.

Analysis:

Issue 1:
The Will executed by Jamuna Prasad bequeathed his entire property to his second wife, Smt. Sona Devi, with the right of transfer, indicating an absolute estate in her favor. The Court interpreted the Will to confer an unlimited and absolute estate upon Smt. Sona Devi based on the language used, granting her the right of alienation over the property.

Issue 2:
The subsequent bequeath in the Will to daughters' sons after Smt. Sona Devi's demise was found to be repugnant to the absolute interest granted to her. Legal precedents established that when a testator grants an absolute estate to a devisee, any conflicting subsequent bequeaths are invalid. The Court held that the second part of the Will, which directed the property to daughters' sons, was inconsistent with the initial absolute bequeath to Smt. Sona Devi and, therefore, deemed invalid.

Issue 3:
Regarding the succession rights under the U.P. Zamindari Abolition & Land Reforms Act, the Court clarified that Smt. Sona Devi acquired the property as a legatee under the Will, not as a widow, affecting the succession pattern. The Act did not allow for the creation of successive legatees under a Will. As Smt. Sona Devi obtained an absolute estate through the Will, her daughters and their sons would succeed to the property in accordance with the Act's provisions post her demise, rather than all daughters' sons of Jamuna Prasad. The Court emphasized that the succession after Smt. Sona Devi's death would be governed by the Act's specific sections, not allowing for a contrary succession plan created in the Will.

In conclusion, the Court set aside the judgments under challenge, allowing the appeal based on the interpretation of the Will, the invalidity of subsequent bequeaths, and the correct application of succession laws.