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Issues: (i) Whether the first two gift deeds executed in favour of the respondent were valid under the statutory permission granted by the competent authority; (ii) whether the third gift deed could operate after the death of the male-holder and, if not, how succession to that property devolved.
Issue (i): Whether the first two gift deeds executed in favour of the respondent were valid under the statutory permission granted by the competent authority.
Analysis: Permission for alienation had been applied for and granted around the time of the first two gifts. The statutory proviso recognised validation where sanction was obtained in the manner contemplated by law. The objection that the sanctioning officer lacked territorial jurisdiction was rejected on the factual finding that the lands lay within his subdivision. The Court declined to interfere with that finding in appeal.
Conclusion: The first two gift deeds were valid.
Issue (ii): Whether the third gift deed could operate after the death of the male-holder and, if not, how succession to that property devolved.
Analysis: On the death of the male-holder, succession opened under the Act and the widows succeeded. On the death of one co-widow, the surviving co-widow took the estate, but on her subsequent death leaving heirs, survivorship did not exclude succession by the daughters. The relevant succession provisions entitled the surviving daughter of the deceased widow and the daughters of the predeceased widow to take the estate in equal shares.
Conclusion: The property covered by the third gift deed devolved by succession, and the three daughters were entitled to one-third share each.
Final Conclusion: The appeal succeeded only to the extent that the third gift transaction could not defeat the statutory succession, while the earlier two gifts were upheld, resulting in a modified decree.
Ratio Decidendi: Statutory permission for alienation, once validly granted within jurisdiction, validates the gift, but upon the death of the bhumidar the succession provisions of the land reforms law prevail, and a gift made after succession opens cannot displace the heirs' statutory shares.