The Supreme Court in Jogi Ram v. Suresh Kumar & Ors. held that a limited estate given to a wife would not mature into an absolute right if all other aspects including maintenance are taken care of. Tulsi Ram, the testator,  had taken care of his wife’s maintenance by ensuring that the revenue generated from the estate would go to her alone. Section 14(2) of the Hindu Succession Act would apply in the present case. Thus, people who have purchased land from the wife would be in no better position than her. Therefore, the deed leasing the property to third parties was held void.

Tulsi Ram, a Hindu male, passed away on November 17, 1969. His Will bequeathed the testator’s estate to his son (the appellant) and his second wife, Ram Devi. The nature of both these rights were different. The son was given absolute rights to the extent of his land and property while Ram Devi was given a limited ownership for her lifetime with a specific provision that she could not alienate, transfer or create third party rights over the same. 

The properties were enjoyed as per the Will for a few years after the testator’s death. Bimla Devi, Ram Devi’s daughter, claimed that she had become owner in possession of half share of the land willed to Ram Devi and instituted a suit for declaring so. The decree was eventually passed by the Court of Sub Judge 1st Class, Karnal. Bimla Devi went on to execute a lease deed in favour of a third party, which was challenged.

Ram Devi only had a limited life interest and it was therefore contended that it couldn’t have been leased to another, after her death. The limited estate could not be expanded to an absolute estate. The Civil Judge opined that Ram Devi only had a limited ownership right and could not have alienated the suit property.

1. 14(1) of the Hindu Succession Act, 1956 states that any property possessed by a female Hindu shall be held by her as a full owner and not as a limited one. S. 14(2) is an exception to the former section and states that properties acquired by gift or will or by decree of a civil court can be held by a Hindu female as a restricted estate.