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TMI Blog1999 (3) TMI 75X X X X Extracts X X X X X X X X Extracts X X X X ..... ot on the heirs of her pre-deceased husband but would devolve on Indro. This legal principle has wrongly been decided by all the courts below including the High Court. Appeal allowed. - C.A. 3663 OF 1984 - - - Dated:- 31-3-1999 - Judge(s) : A. P. MISRA., U. C. BANERJEE JUDGMENT In this case, the respondent has not appeared in spite of service. Heard learned counsel for the appellant. The short facts are that one Kehar Singh was the owner of the land admeasuring 280 kanals and 18 marlas situated in a village Antowali (now in Pakistan). He died prior to the partition. His widow, Kirpo, succeeded to his estate as owner. She had two daughters, Santi and Indro, who came to India. Smt. Kirpo, widow of Kehar Singh, was allotted suit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consideration is, whether, on the facts and circumstances of this case, sub-section (1) or sub-section (2) of section 15 of the Hindu Succession Act, 1956, will apply. For ready reference, subsections (1) and (2) of section 15 are quoted hereunder : "15. General rules of succession in the case of female Hindus.--(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,-- (a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband ; (b) secondly, upon the heirs of the husband ; (c) thirdly, upon the mother and father, (d) fourthly, upon the heirs of the father ; and (e) lastly, upon the heirs of the mother. (2) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rty of a female Hindu can be classified under two heads : Every property of a female Hindu dying intestate is a general class by itself covering all the properties but sub-section (2) excludes out of the aforesaid properties the property inherited by her from her father or mother. In addition, we find the language used in section 15(1) read with section 16 makes it clear, the class who has to succeed of property of a Hindu female dying intestate. Sub-section (1) specifically states that the property of a female Hindu dying intestate shall devolve according to the rules set out in section 16. So, in case sub-section (1) applies, then after the death of Santi, Indro cannot inherit by succession but it would go to the heirs of the pre-decea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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