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Issues:
1. Construction of Section 15 of the Hindu Succession Act, 1956. 2. Devolution of property of a female dying intestate. 3. Interpretation of Section 29 regarding escheat to the Government. 4. Application of sub-section (2) of Section 15 in determining heirs of an intestate female. Construction of Section 15: The judgment revolves around the interpretation of Section 15 of the Hindu Succession Act, 1956, concerning the succession of property of a female dying intestate. The case involved the inheritance of agricultural land by a female from her husband and the subsequent claim to the property by a grandson of the deceased. The court analyzed the provisions of Section 15(1) and (2) along with Section 16 to determine the order of succession among the heirs of the deceased female. The judgment highlighted the importance of correctly identifying the heirs as per the statutory provisions to avoid escheat to the Government. Devolution of Property of a Female Intestate: The court examined the rules of succession under Section 15 and emphasized the significance of identifying qualified heirs to prevent the property from escheating to the State. The judgment discussed the exceptions outlined in Section 15(2) regarding the devolution of property inherited from specific relatives of the deceased female. It was crucial to ascertain the rightful heirs under the Act to avoid the failure of heirs leading to the property devolving on the Government as per Section 29. Interpretation of Section 29 - Escheat to the Government: The court delved into the provisions of Section 29, which govern the escheat of property to the Government in cases where an intestate has no qualified heir to succeed. The judgment clarified that the State steps in to take the property only in the absence of any other rightful heir. The court emphasized that the property should not escheat to the Government if there exists any eligible heir, as the female Hindu's property forms a fresh stock of descent. Application of Sub-section (2) of Section 15: The judgment scrutinized the application of sub-section (2) of Section 15 in altering the order of succession among the heirs of a female intestate. It discussed the legislative intent behind incorporating sub-section (2) to prevent properties from passing into undeserving hands and to ensure a just devolution of assets. The court dismissed the appeal by the State, emphasizing that the property should devolve as per the statutory provisions and not escheat to the Government if there are qualified heirs. In conclusion, the judgment provided a detailed analysis of the statutory provisions governing the succession of property of a female dying intestate, emphasizing the importance of correctly identifying qualified heirs to prevent escheat to the State. The court's interpretation of Section 15 and related provisions aimed to ensure a just and rightful devolution of assets in line with the legislative intent of the Hindu Succession Act, 1956.
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