'A' a Hindu died in 1948 leaving behind his wife ‘W’, who took her husband’s properties as a limited owner. In 1954 “W” made a gift of some lands to her niece ‘B’, ‘C’ a collateral of ‘A’ and presumptive reversioner sued for a declaration that the gift to ‘B’ is not binding.... Decide the case...
Find the question and answer of Hindu Law only on Legal Bites.
Question: ‘A’ a Hindu died in 1948 leaving behind his wife ‘W’, who took her husband’s properties as a limited owner. In 1954 “W” made a gift of some lands to her niece ‘B’, ‘C’ a collateral of ‘A’ and presumptive reversioner sued for a declaration that the gift to ‘B’ is not binding on him. In 1959 ‘W’ adopted ‘B’s son ‘P’. Later in the same year ‘W’ died, ‘C’ sued for possession of land. Decide the case with the help of...
Question: ‘A’ a Hindu died in 1948 leaving behind his wife ‘W’, who took her husband’s properties as a limited owner. In 1954 “W” made a gift of some lands to her niece ‘B’, ‘C’ a collateral of ‘A’ and presumptive reversioner sued for a declaration that the gift to ‘B’ is not binding on him. In 1959 ‘W’ adopted ‘B’s son ‘P’. Later in the same year ‘W’ died, ‘C’ sued for possession of land. Decide the case with the help of judicial precedents.
Find the question and answer of Hindu Law only on Legal Bites. [‘A’ a Hindu died in 1948 leaving behind his wife ‘W’, who took her husband’s properties as a limited owner. In 1954 “W” made a gift of some lands to her niece ‘B’, ‘C’ a collateral of ‘A’ and presumptive reversioner sued for a declaration that the gift to ‘B’ is not binding on him. In 1959 ‘W’ adopted ‘B’s son ‘P’. Later in the same year ‘W’ died, ‘C’ sued for possession of land. Decide the case with the help of judicial precedents.]
Answer
In the present case at hand, A died in 1948, leaving his wife 'W' as the limited owner of his properties:
According to Hindu personal laws, upon the death of 'A', his properties would be inherited by his wife 'W' as the widow. As a widow, 'W' would have limited ownership rights known as a "Hindu widow's estate." This limited ownership means that 'W' would have the right to possess and enjoy the property during her lifetime, but she cannot make an absolute disposition or gift of the property.
In 1954, 'W' made a gift of some lands to her niece 'B':
As a limited owner, 'W' would not have the authority to make an absolute gift of the property. Her power to dispose of the property would be subject to certain restrictions. 'C', who is a collateral of 'A' and the presumptive reversioner, can challenge the validity of the gift made by 'W' to 'B' and assert his claim over the property.
In 1959, 'W' adopted 'B's son 'P':
The adoption of 'B's son 'P' would have legal consequences, including conferring upon 'P' the status of a son and certain inheritance rights. As per the Hindu Adoption and Maintenance Act, 1956, an adopted child is treated on par with a biological child in terms of inheritance. Therefore, 'P' would have a claim to the property of 'A' and 'W' as an adopted son.
Later in the same year, 'W' died, and 'C' sued for possession of the land:
With the death of 'W', her limited ownership over the property would come to an end. The property would now be subject to inheritance laws. 'C', being a collateral of 'A' and the presumptive reversioner, can assert his claim for possession of the land as per the provisions of Hindu personal laws and the Hindu Succession Act, 1956.
Mayank Shekhar
Mayank is an alumnus of the prestigious Faculty of Law, Delhi University. Under his leadership, Legal Bites has been researching and developing resources through blogging, educational resources, competitions, and seminars.
