- (1.) Kehar Singh had two wives, Basant Kaur and Sahib Devi. Sahib devi died during Kehar Singh's lifetime. Sahib Devi's son was Niranjan singh who also died during Kehar Singh's lifetime. Niranjan Singh had four sons and one daughter. On 26/04/1947 Kehar Singh in lieu of maintenance made three oral gifts of properties situated in three different villages in favour of his wife Basant Kaur. The question which arose for consideration before the lower court was whether Basant Kaur got an absolute estate in the gifted properties as result of the passing of the Hindu Succession Act. In regard to the land in village Ballowal the lower courts have held that she got an absolute estate. The High court was concerned in the second appeal with the lands in village Dhaipai and chominda, and it held the gift having been without any power of alienation would fall under S. 14 (2.
(2.) "The Ex. D-1 was the report of the Patwari in connection with the mutation proceedings and it said: "Today Kehar Singh owner of Khewat came along with Narain singh Lambardar and stated that he had on 14/04/1947, made an 9 oral gift of land-half of total land measuring 8 bighas pukhta, 3 biswas and 3 biswani, which is 4 bighas pukhta, 12 biswas and 1 biswani as detailed in favour of his wife Mst Basant Kaur, and given possession of the same. I had only one son who is dead and he had four sons and no other male issue. There is no certainty of life. She served me. Lambardar attests so the mutation is entered. "on 30/07/1947, the Assistant Collector made the following orders: "In the gathering, Kehar Singh donor and Basant Kaur donee, identified by Kishan Singh Lambardar are present. The change of possession of this case is admitted and verified by the donor and the donee. Donor stated that he has got no son. I had got two wives. My grandsons, it is possible may not gift maintenance to my wife. With this view I make the gift. Gift is for maintenance. After gift there would be no powers of mortgage or sale. After the death of Basant kaur Malkiat Singh, Amar Singh, Gurdeep Singh and Mohan Singh, children would be heirs. This gift is of 1/2 share of Khasra No. 4658/2468 measuring 4 bighas 12 biswas I biswani, Khewat Nos. 324 to 326, which is attested in favour of Mst Basant Kaur donee. "
(3.) The High court on interpretation of the Assistant Collector's report came to the conclusion that Basant Kaur derived only a limited estate inasmuch as such a gift, according to the High court, would fall directly under S. 14 (2 of the Hindu Succession Act and as such the limited estate of Basant Kaur would not stand enlarged into an absolute estate. The challenge was to the gift made by Basant Kaur in favour of two step grandsons ignoring the other two.;