Jogi Ram v. Suresh Kumar (2022)

• A will can give a Hindu female a limited estate (Section 14(2) HSA).
• Section 14(1) enlarges a woman’s property to absolute only when the grant recognizes a pre-existing right (e.g., maintenance) rather than creating a new restricted right.

The Supreme Court allowed the appeal and set aside the High Court’s decision. It restored the findings of the trial courts.

• The will gave Ram Devi only a life interest and directed that income be used for her maintenance; the corpus was not hers to alienate.
• Since the will created a fresh restricted right, Section 14(2) applied. Section 14(1) did not convert it into absolute ownership.
• The vendees could not obtain a better title than Ram Devi had. Their sale deeds could not stand.
• The chain of transactions was found dubious and aimed at denying the appellant’s rights.

When a will creates a limited estate for a Hindu female without acknowledging a pre-existing right, the case falls under Section 14(2). The limited estate does not enlarge to absolute ownership under Section 14(1). Transferees from such a limited holder acquire no better title.

• Drafting clarity: Words in a will control the extent of a widow’s interest.
• Transaction safety: Buyers must verify if a female holder has absolute title or a life interest.
• Doctrinal line: Clean separation between Section 14(1) enlargement and Section 14(2) new grants.

Mnemonic: “Will-Lock, Not Stock.”

• Will creates the right → check the text.
• Lock means limited life interest → Section 14(2).
• Not Stock of absolute powers → no sale beyond limits.

Issue: Does a life interest under a will become absolute under Section 14(1)? Do prior rulings bar re-litigation?

Rule: Section 14(1) enlarges only when the instrument acknowledges a pre-existing right; Section 14(2) controls fresh restrictive grants.

Application: The will expressly limited Ram Devi’s estate and earmarked income for maintenance; no recognition of a prior right; thus Section 14(2) applies. Transfers beyond her life interest fail.

Conclusion: Estate remains limited; vendees cannot claim better title; appeal allowed; High Court reversed.

Life Interest

Right to use and enjoy property for life, without power to pass absolute title.

Pre-Existing Right

A legal right that exists before the instrument, e.g., maintenance.

Res Judicata

A matter already judged cannot be re-litigated between the same parties on the same issues.