Jaswant Kaur vs Major Harpal Singh on 11 April, 1989
Since in the present case, the testator remained alive and during his life time, he not only provided good education to his children but all of them were married and settled in life by him. Keeping in view these facts, what Partap Kaur got under the aforesaid Will after the death of her husband was the limited ownership right which never ripened into full ownership as contemplated in Section 14(1) of he Act. She was neither having any pre-existing right in the property nor any pre-existing right was recognised under the Will. Under the similar circumstances, the Full Bench of this Court in Jaswant Kaur v. Major Harpal Singh and Ors., (1977)79 P.L.R. 523 has held that where intention of the testator is very clear in the Will vide which only the restricted estate was created such limited estate will not ripen into full ownership under Section 14(1) of the Act. Such restricted estate created by Will, gift, decree, award or any other instrument prior to the commencement of the Act, shall not be enlarged into full ownership under Sub-Section (1) and that a restricted estate can be created in favour of a female even after coming into force of the Act. It has been held that if a case is falling within the provisions of Sub-section (2), then subsection (1) will not apply. In the present case both the conditions of applicability of Subsection (2) are present i.e., that the right of the female to the property is created by an instrument in writing and that the said instrument contains such terms as create restricted estate. The case of the plaintiff squarely falls under the provisions of Sub-section (2). Therefore, Sub-section (1) will not be applicable at all. Thus, I am of the opinion that only limited ownership was created in favour of the Partap Kaur vide Will dated 20.7.1939 and after her death the plaintiff shall become full owner of the property in terms of the Will,