Full Judgment Text
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 2
PETITIONER:
SMT. RADHIKA
Vs.
RESPONDENT:
AGHNU RAM MAHTO
DATE OF JUDGMENT07/09/1994
BENCH:
K. RAMASWAMY & N. VENKATACHALA, JJ.
ACT:
HEADNOTE:
JUDGMENT:
ORDER
1. The appellant is the daughter of the respondent
through second wife. Admittedly, her mother inherited the
properties of her maternal grandfather. The appellant is the
only issue to her mother. When her mother died intestate,
the respondent-husband filed the partition suit No.39 of
1979 in the Court of Special Sub-Judge, Ranchi claiming half
the share as class-l heir of his wife. The trial court
dismissed the Suit on the ground that during the life time
of the mother of the appellant, she had bequeathed the
properties to the appellant under a gift deed and that
therefore, the decree cannot be granted as she died after
she was divested of her possession. On appeal, the District
Judge reversed the decree and held that the gift is not
valid and that the appellant and respondent arc class1 heirs
and decreed the suit for partition in equal moiety. In
Second Appeal No. 1 71 82, by Judgment of Decree dated
9.11.1983 the High Coral dismissed the same. Thus this
appeal by special leave.
2. The facts are not in dispute, namely, the mother of
the appellant inherited the suit property from her father.
Section 15 of the Hindu Succession Act, 1956 regulates the
succession to the estate of female Hindus. Sub-Section (1)
provides that "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; and so on in the order specified.
But sub-section (2) with non-obstante clause excludes the
applicability of Subsection (1). Clause (a) of Sub-Section
(2) provides that;
"(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 of daughter), not upon the other
heirs referred to in sub-section (1) in the
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 2
order specified therein, but upon the heirs of
the father;"
(clause (b) is not relevant, hence omitted).
3. A reading thereof clearly indicates that for the
property inherited by a female Hindu from her father or
mother, in other words female’s paternal side, in the
absence of her son, daughter or children of the pre-deceased
son or daughter, the succession opens to the heirs of the
father or mother and not to class-l heirs in the order
specified in sub-section (1) of Section l5 and in the order
of Section 16. In other words, the children and the
children of the pre-deceased son or daughter of the Hindu
female alone are entitled to get such property. Thus,
husband stands excluded from the succession to the property
inherited by female Hindu from her father’s side,
Accordingly, we hold that since the mother of the appellant
had inherited the suit property from her grandfather, her
husband-respondent stood excluded from intestate succession
to the estate left by her The courts below obviously had
overlooked
20
the provision in Section 15, in particular Sub-Section (2)
thereof, and illegally granted a decree.
4. The appeal is accordingly allowed. The decree of the
High Court in the Second Appeal and that the appellate court
in the First Appeal are set aside. Though for different
reasons, the decree of the trial court stands confirmed, but
in the circumstances, without costs.
21