9911796707
TMI Blog2001 (11) TMI 76X X X X Extracts X X X X X X X X Extracts X X X X ..... he appropriate rule to be applied for succession of the property left by the deceased, Smt. Santi, and we find no reasons to take a different view. Thus, the appeal is allowed. Parties to bear their respective costs. Revised decree be drafted showing the newly added respondents on the party array. - - - - - Dated:- 6-11-2001 - Judge(s) : UMESH C. BANERJEE., K. G. BALAKRISHNAN JUDGMENT The judgment of the court was delivered by K.G. BALAKRISHNAN J.--I.A. No. 1 is allowed. This appeal was finally heard and allowed on March 31, 1989, by a Bench consisting of one of us (Hon. U. C. Banerjee J.) and another learned judge of this court. That decision is reported in [1999] 4 SCC 86 ; AIR 1999 SC 1944 ; [1999] 237 ITR 364 [Bhagat Ram (de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h was the owner of the land admeasuring 280 kanals and 18 marlas in the village Antowali (now in Pakistan). He died prior to partition of India. His widow, Smt. Kirpo and two daughters Smt. Santi and Smt. Indro migrated to India. In lieu of the property owned by Kehar Singh in Pakistan, his widow, Kirpo was allotted some land in India. Kirpo died on December 25, 1951, leaving behind her two daughters Smt. Santi and Smt. Indro. They inherited the property equally. Smt. Santi died in 1960. The property left by her was thereafter mutated in the name of her surviving sister, Smt. Indro. The original appellant, Bhagat Ram (deceased) who had entered into an agreement with Smt. Indro on March 12, 1963, filed a suit for specific performance, which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dly, 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) Notwithstanding anything contained in sub-section (1),-- (a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or a daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and (b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her, in the absence of any son or daughter of the deceased including the children of any pre-deceased son or daughter, it would only devolve upon the heirs of the father and, in this case, her sister, Smt. Indro was the only legal heir of her father. Deceased, Smt. Santi, admittedly inherited the property in question from her mother. It is not necessary that such inheritance should have been after the commencement of the Act. The intent of the Legislature is clear that the property, if originally belonged to the parents of the deceased female, should go to the legal heirs of the father. So also under clause (b) of sub-section (2) of section 15, the property inherited by a female Hindu from her husband or her father-in-law, shall also under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of Punjab v. Balwant Singh and Chand Singh v. Balwant Singh, AIR 1991 SC 2301, also, a question of similar nature was considered. In that case, the female Hindu inherited the property from her husband prior to the Hindu Succession Act and she died after the Act. On being informed that there was no heir entitled to succeed to her property, the Revenue authorities effected mutation in favour of the State. There was no heir from her husband's side entitled to succeed to the property. The plaintiff, who was the grandson of the brother of the female Hindu claimed right over the property of the deceased. The High Court held that the property inherited by a female Hindu from her husband became her absolute property in view of section 14 and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nheritance from her mother or father. In law it would be deemed that she became full owner of this property by virtue of the Act. On these facts it is to be seen whether section 15(1) of the Act will apply or section 15(2) of the Act will apply. Section 15(2) of the Act will apply only when inheritance is to the estate left by father or mother, in the absence of which section 15(1) of the Act would apply." We do not think that the law laid down by the learned single judge in the above said decision is correct. Even if the female Hindu who is having a limited ownership becomes full owner by virtue of section 14(1) of the Act, the rules of succession given under sub-section (2) of section 15 can be applied. In fact, the Hindu Succession Bi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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