Jogi Ram v. Suresh Kumar
- Vaishnavi Majji
- Oct 8
- 1 min read
In Jogi Ram v. Suresh Kumar (2022), the Hon’ble Supreme Court of India addressed the scope of a widow’s rights under a Will. It clarified the distinction between Section 14(1) and Section 14(2) of the Hindu Succession Act, 1956.
Tulsi Ram executed a Will on April 15, 1968, bequeathing his property equally between his son, Jogi Ram, and his second wife, Ram Devi. Under the Will, Jogi Ram was given absolute ownership, whereas Ram Devi was granted only a life interest with no right to sell or transfer the property. Upon her death, her share was to revert to Jogi Ram. After Tulsi Ram died in 1969, a dispute arose when Ram Devi’s daughter obtained a collusive Court decree and sold a portion of the property. Jogi Ram challenged this transaction, asserting that Ram Devi had no authority to alienate the property.
The Hon’ble Supreme Court held that Ram Devi cannot acquire absolute ownership under Section 14(1) of the Act when the property is specifically granted to her under a Will with restrictions. Section 14(2) applies in such cases, preserving the limited estate as defined by the testator. The Court reaffirmed that testamentary freedom allows for the creation of restricted interests, and such limitations are legally enforceable. Since Ram Devi held only a life interest, any alienation made by her or her heirs was invalid.
This decision reinforces the principle that a validly executed Will can confer a limited estate, and such limitations must be respected.
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