Hindu Succession Act
Ram Nath Dewan was a
self-made man. He earned substantial properties in Delhi. He married a little
late in life. His wife, Satyawati, was younger to him by atleast fifteen years,
if not more. They had a son and four. With a view to provide a secure life to
his wife, Ram Nath made a will on 10th day of April, 1942 where under he
bequeathed one of his properties,
Doctors Lane, New Delhi to Satyawati for life. He provided that after
Satyawati's death, the said property shall go to his legal heirs. Ram Nath died
in the year 1953.
Soon after the death
of Ram Nath, disputes arose between the mother and the son. The son put forward
another Will said to have been executed by Ram Nath on September 26, 1950
superseding the earlier Will. As many as seven suits came to be instituted
between the mother and the son. In January 1955, a settlement was arrived at
between them. Under this settlement, the mother, Satyawati, was given a right
to reside in the first floor of the Doctor's Lane house. The son was to pay her
Rs.125/- per month as maintenance allowance. If the mother did not intend to
reside in the said first floor, the son was to pay her Rs.150/- per month as
maintenance allowance. Provision was made for the marriage of the youngest
daughter. It was affirmed that No.58, Todar Mal Road, New Delhi, is the
exclusive property of the mother but she undertook not to transfer the property
in any manner whatsoever. Satyawati died on
July 2, 1972. Soon thereafter, the present suit for partition was filed in
respect of all the properties left by Ram Nath and Satyawati.
The
daughter(plaintiff) of late Ram Nath is
seeking to avoid the sale of the said house property in the present suit for
partition and separate possession of her 1/5th share. The other daughters are
tacitly supporting the plaintiff, though they have remained ex parte. The first
defendant too has remained ex parte. He did not even file a written
statement. The defendant is the son of Ram Nath Dewan.
The decree passed by
the Division Bench of the Delhi High Court is modified the first floor of the
said Doctor's Lane house is concerned, it became the absolute property of
Satyawati on the coming into force of the Hindu Succession
Act, 1956, by operation of Section 14(1) of the said Act. On her death, the said first floor
devolved upon her son (first defendant) and four daughters (plaintiff) in equal
shares under Section 15 of the Hindu Succession Act. Another defendant will
be entitled only to the 1/5th share of the first defendant in the first floor.
The remaining 4/5th share in the first floor is allotted to plaintiff and
Defendant each 1/5th. The appeals are allowed in part.
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