Tej Bhan (D) Through LR. & Ors. vs Ram Kishan (D) Through LRs. & Ors.

Not available · 2024 INSC 945Decided 9 Dec 2024
Not available
Justice Pamidighantam Sri Narasimha · Justice Sandeep Mehta

Background

A Hindu testator, Kanwar Bhan, died in 1965 leaving a will that gave his wife only a restricted "life estate" (with no right to sell or mortgage) in certain land, while other property went absolutely to his son and grandsons. The wife later sold the land to the appellant's predecessor. The son and grandson sued, arguing the sale was void because the wife's interest was merely a limited life estate under the will and she had no right to sell it. The Trial Court and First Appellate Court, applying the Supreme Court's landmark 1977 ruling in V. Tulasamma v. Sesha Reddy, held the wife's restricted interest had automatically matured into full ownership under Section 14(1) of the Hindu Succession Act, 1956, so the sale was valid, but the High Court reversed this, following a different line of precedent (Sadhu Singh v. Gurdwara Sahib Narike).

Decision Breakdown

Rather than deciding the appeal itself, this two-judge bench issued an order documenting that at least 18 of the Supreme Court's own judgments over the decades have taken inconsistent, sometimes directly conflicting positions on how Section 14(1) (which enlarges a Hindu woman's limited property interest into full ownership) interacts with Section 14(2) (which preserves genuinely new, restricted grants such as those made by a will). The Court traced two competing lines of authority: one treating Tulasamma's principles as governing broadly, and another (originating in Karmi v. Amru and continued in Gumpha and Sadhu Singh) reading wills and similar instruments more narrowly. Concluding that only a larger bench could authoritatively reconcile these conflicting three-judge and two-judge bench rulings, the Court directed the Registry to place the matter before the Chief Justice of India for constitution of an appropriate larger bench, without deciding whose sale/succession claim prevails.

Lesson Learnt

Even after nearly seven decades, a landmark law meant to protect Hindu women's property rights can remain genuinely unsettled at the level of the Supreme Court's own precedents, so a family property dispute turning on an old will or maintenance grant to a woman may not have a final, predictable answer until a larger bench resolves the conflicting case law.

Civil Property & InheritanceSupreme Court of India

Sultan Singh (Dead) Thru. LRs v. The Financial Commissioner Govt. of NCT of Delhi

The Supreme Court held that whether a deceased female Bhumidhar's land passes to her own direct heirs or reverts to her late husband's male relatives depends on what her personal law said about her property rights on the date she died, not on the date she first acquired the land. Since the Hindu Succession Act, 1956 came into force before Khajano's death in 1973, Section 14(1) of that Act had already converted her earlier limited life-interest into full, absolute ownership. Because she held the land absolutely at death, succession was governed by Section 53 of the Delhi Land Reforms Act (which favours her own direct descendants), not Section 50 (which would have sent it back to her first husband's male lineage). The Court dismissed the appeal by the Reversioners and upheld the High Court's ruling in favour of Khajano's sons.

Decided 9 Oct 2026Read case
Civil Property & InheritanceDelhi High Court

Raghunath (Now Deceased, through LR) & Anr. vs. Bharat Bhushan (Deceased, through LRs) & Ors.

The High Court held that the Will's operative words "my above said property" clearly referred to the whole property, not just the shop, since the testator would have used a narrower phrase like "the said shop" if that was intended. The exclusionary phrase "to the exclusion of all other legal heirs" reinforced this reading, and the separate, differently-worded bequest of another flat (split by percentage shares) showed the testator knew how to limit a bequest when he wanted to. The appeal was dismissed and the trial court's decree upheld.

Decided 7 Oct 2026Read case
Civil Property & InheritanceSupreme Court of India

JK Paper Ltd. v. Bipinchandra Natwarlal Shah & Ors.

This is not a final decision on the main case. The Supreme Court disposed of the cross-appeals while leaving valuation and disputed possession facts for the High Court to decide. It continued the stay for two months and required JK Paper to deposit an additional ₹15 crore with the High Court's Registrar General within that period, without prejudicing either side's arguments. A timely deposit would keep the stay in force until further High Court orders; failure would revoke it and allow the landowners to pursue enforcement. The Court rejected the company's argument that a known gorge and waterlogging reduced the usable area, and barred it from raising that issue before the High Court. It requested expedited disposal of the pending compensation appeals, taking account of delivery of the remaining land in November 2025.

Decided 7 Oct 2026Read case
Civil Property & InheritanceDelhi High Court

Vijay Pal vs. Bharat Singh (Since Deceased, through LRs) & Ors.

The High Court held that even where no formal title document exists for land in an old village Abadi area, a claimant must still affirmatively prove continuous possession through credible evidence: mere oral assertions are not enough, especially when a court-appointed Local Commissioner's report found the land lying vacant with waste dumped on it. Since this was a concurrent factual finding by two lower courts with no substantial question of law in the appellant's favour, the Second Appeal was dismissed.

Decided 7 Oct 2026Read case
Civil Property & InheritanceDelhi High Court

Smt. Swaraj Chopra vs. Smt. Shanti Devi (since deceased, through LRs) & Ors.

The Court held that even though the agreement fixed no exact deadline for performance, the law still expects enforcement within a "reasonable" period, and under Article 54 of the Limitation Act a suit must be filed within three years of being refused performance or gaining notice of an adverse claim. Since both the demand and the lawsuit came far beyond any reasonable or statutory limitation period, the suit, and this second appeal, were rightly dismissed as time-barred.

Decided 6 Oct 2026Read case
Civil Property & InheritanceDelhi High Court

Ashok Kumar (since deceased, through LRs Pushpa & Ors.) vs. Nirmala Devi & Anr.

The appellants argued that the property had been divided through a family partition and that the concurrent findings on tenancy were wrong. The Court found that the partition defence was unsupported by documentary evidence and was inconsistent with the testimony of the defence witness. It held that Ashok Kumar was estopped under Section 116 of the Indian Evidence Act from denying the landlord's title, and that the decree for possession rested on a proven tenancy and a valid sale deed. Since no substantial question of law arose, the second appeal was dismissed.

Decided 5 Oct 2026Read case