Restricted testamentary estate and lis pendens govern land transfer and inheritance rights under the cited property laws.

A bhumidhar with transferable rights may validly bequeath land by will under Section 169(1) of the U.P. Zamindari Abolition and Land Reforms Act, 1951, and a will may create a restricted or life estate where the statutory conditions for bequest are satisfied. Where a female legatee takes under such a will, Section 14(2) of the Hindu Succession Act, 1956 prevents enlargement of that limited interest into absolute ownership. A transfer made during the pendency of litigation, including after dismissal of a suit but while the appeal period is running and an appeal is in fact filed within limitation, remains subject to lis pendens under Section 52 of the Transfer of Property Act, 1882. The impugned sale was therefore ineffective against the litigating parties.

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Issues: (i) Whether a bhumidhar with transferable rights could, by will, create a restricted or life estate in favour of a legatee and whether such restriction would remain effective in the case of a female legatee under the Hindu Succession Act, 1956. (ii) Whether a transfer made during the pendency of proceedings, including during the period available for appeal, was hit by the doctrine of lis pendens.

Issue (i): Whether a bhumidhar with transferable rights could, by will, create a restricted or life estate in favour of a legatee and whether such restriction would remain effective in the case of a female legatee under the Hindu Succession Act, 1956.

Analysis: Section 169(1) of the U.P. Zamindari Abolition and Land Reforms Act, 1951 expressly permits a bhumidhar with transferable rights to bequeath his holding by will, and Section 169(3) requires such will to be in writing, attested by two witnesses, and registered. The restrictions on bequest arise only in the situations contemplated by Section 169(2) and the allied provisions, which were not attracted on the facts. The will in question validly created a restricted interest in favour of the female legatee. Section 14(1) of the Hindu Succession Act, 1956 confers absolute ownership on property possessed by a female Hindu, but Section 14(2) carves out an exception where the property is acquired under a will or similar instrument prescribing a restricted estate. A legatee taking under such a will cannot enlarge the estate beyond the terms of the testamentary disposition.

Conclusion: The restriction imposed by the will was valid, and the female legatee did not acquire an absolute estate. This issue was decided in favour of the appellant.

Issue (ii): Whether a transfer made during the pendency of proceedings, including during the period available for appeal, was hit by the doctrine of lis pendens.

Analysis: Section 52 of the Transfer of Property Act, 1882 preserves the subject-matter of litigation from alienation so as to affect the rights of parties during the pendency of the suit or proceeding until final disposal and satisfaction of the decree or order. The principle is founded on public policy and operates to maintain the status quo. A transfer made after dismissal of a suit but before the expiry of the limitation period for filing an appeal may still fall within the mischief of lis pendens when the appeal is in fact filed within limitation.

Conclusion: The subsequent sale was subject to lis pendens. This issue was also decided in favour of the appellant.

Final Conclusion: The impugned judgments were set aside and the appellant was granted a declaration that the first respondent had no right to sell the disputed land. The suit stood decreed to that extent, and the appeal was allowed.

Ratio Decidendi: A testamentary disposition by a bhumidhar under Section 169(1) may validly create a restricted estate, and where property is taken under a will prescribing such restriction, Section 14(2) of the Hindu Succession Act, 1956 prevents enlargement into absolute ownership; transfers pendente lite are governed by Section 52 of the Transfer of Property Act, 1882.

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