Bequest by a bhumidhar - Absolute property of a female Hindu - Doctrine of 'lis pendens' - Applicability of - High Court held that the right to transfer cannot be restricted either by contract or by a will of a tenure holder, and that the restriction contained in the will that the legatee would not have a right to transfer the property was repugnant to the incidents of a bhumidhari tenure under the U.P. Act - Hence, the appeal - The bequest made under section 169 (1) in favour of a female Hindu, if it is a restricted one, shall remain a restricted one under sub-section (2) of section 14 of Hindu Succession Act, since the same will be governed by the terms of the will - Respondent No. 1 entered into the agreement of sale of the land in dispute with applicant when there was no stay operating against such sale, and in fact when the second appeal had not been filed, but which came to be filed afterwards within the period of limitation, therefore, such a case will be covered under section 52 of the TP Act - Impugned order of the lower Courts as affirmed by the High Court set aside and declared that the respondent No. 1 had no right to sell the disputed parcel of land - Appeal disposed.

Topic(s)-Bequest by a bhumidhar , Absolute property of a female Hindu , Doctrine of 'lis pendens'

Important Decision(s)-No stay operating against such sale - S. 52 TP Act - Declared - No right to sell the disputed parcel of land.