Supreme Court · 2022 INSC 131 · Decided 1 February 2022
Jogi Ram v. Suresh Kumar & Ors
- Court
- Supreme Court of India
- Citation
- 2022 INSC 131 · [2022] 9 S.C.R. 766
- Case number
- CIVIL APPEAL No. 1543/2019
- Decided
- 1 February 2022
- Bench
- SANJAY KISHAN KAUL, M.M. SUNDRESH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 41; Hindu Succession Act Section 14(2); Succession Act Section 14(2)
Headnote
Hindu Succession Act, 1956 - s.14(2) vis-à-vis 14(1) - Objective and applicability of - Held: Objective of sub-sec.(2) is that there cannot be a fetter in a owner of a property to give a limited estate if he so chooses to do including to his wife but of course if the wife for her maintenance that would mature in an absolute estate u/s.14(1) - Sub-sec.(2) of s.14 inter alia applies to a Will which may create independent and new title in favour of females for the first time and is not a recognition of a pre-existing right - In such cases a
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