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PETITIONER: KAMALA DEVI
Vs.
RESPONDENT: BACHU LAL GUPTA
DATE OF JUDGMENT: 29/01/1957
BENCH: DAS, S.K. BENCH: DAS, S.K. DAS, SUDHI RANJAN (CJ) BHAGWATI, NATWARLAL H.
CITATION: 1957 AIR 434 1957 SCR 452
ACT: Hindu Law--Gift of immoveable Property by widow-Daughter’s marriage dowry-Ante-nuptial Promise-Deed executed and registered after marriage-Validity-If binding on the reversioners- Transfer of Property Act.(IV of 1882), S. 123- Hindus Succession Act, 1956 (XXX of 1956), s. 14.
HEADNOTE: In fulfilment of an ante-nuptial promise made on the occasion of the settlement of the terms of marriage of her daughter, a Hindu widow, governed by the Benares School of Hindu Law, executed a registered deed of gift in respect Of 4 houses allotted to her share by a partition decree, in favour of her daughter as her marriage dowry about two years after the marriage. The partition decree gave her a, right to the income, but no right to part with the corpus of the property to the prejudice of the reversioners. Her step- sons brought a suit for a declaration that the deed of gift was void and inoperative beyond her lifetime and could not bind the reversioners. The trial -court found that the gifted properties constituted a reasonable portion of the estate, but that the gift not having been made at 453 the time of the marriage or on the occasion of the ...