TMI Blog1991 (10) TMI 305X X X X Extracts X X X X X X X X Extracts X X X X ..... s to the construction of Section 15 of the Hindu Succession Act, 1956 ('the Act'). One Smt. Mahan Kaur, wife of Jaimal Singh inherited from her husband certain agricultural land measuring 110 kanals 12 marlas situate in village Hamhal, Jakhe-Pal in Sangrur District. Some of the lands were under mortgage and are in possession of defendants 2 to 6. After coming into force of the Act, Mahan Kaur died intestate. On being informed that there was no heir entitled to succeed to her property, the Revenue Assistant Collector sanctioned mutation in favour of the State. Balwant Singh claiming to be a legal heir of Mahan Kaur brought the suit out of which the present appeal arise. The suit was for possession of the property of the deceased and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the High Court is plainly untenable. There is indeed no controversy on that aspect of the matter. It is not in dispute that Mahan Kaur inherited the suit property from her husband. She had no issue and she died intestate. It is also not in dispute that there is no heir from her husband side entitled to succeed to the property. The plaintiff is grandson of the brother of Mahan Kaur. According to him he is entitled to get the property of the deceased. The case of the State is that the plaintiff is not her qualified heir under the Act and it is a case of failure of heirs resulting in the devolution of the estate on the Government. The issue raised in the case turns on the rules of succession to a property of a female dying intestate. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n (1) in the order specified therein, but upon the heirs of the husband. Sub-section (1) of Section 15 groups the heirs of a female intestate into five categories and they are specified under clauses (a) to (e). As per Sections 16 Rule 1 those in one clause shall be preferred to those in the succeeding clauses and those included in the same clause shall take simultaneously. Sub- section (2) of Section 15 begins with a non-obstante clause providing that the order of succession is not that prescribed under sub-section (1) of Section 15. It carves out two exceptions to the general order of succession provided under sub-section (1). The first exception relates to the property inherited by a female Hindu from her father or mother. That prope ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order of devolution. It has to be assumed that the husband had died intestate immediately after the female intestate's death. Bearing in mind this fiction, one has to go to the Schedule under Section 8 of the Act to find out the heirs of the husband who are entitled to succeed to the property of the intestate. The High Court has stated that the property inherited by Mahan Kaur from her husband became her absolute property in view of the provisions of Section 14 and the property would devolve upon the heirs specified under Section 15(1). It has also observed that the plaintiff would be entitled to succeed to the estate of Mahan Kaur even under Section 15 (2) being an heir of her father under Entry (d) of sub-section (1) of Section 15 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , in the great majority of cases there was no record of the mesne tenure, and the escheat was to the Crown as the lord paramount of the whole soil of the country. Section 29, in our opinion, shall not operate in favour of the State if there is any other heir of the intestate. Indeed, Section 29 itself indicates that there must be failure of heirs. 'Failure' of heirs means the total absence of heirs to the intestate. It is important to remember that female Hindu being the full owner of the property becomes a fresh stock of descend. If she leaves behind any heir either under sub-section (1) or under sub-section (2) of Section 15, her property cannot be escheated. Sub-section (2) of Section 15, in our opinion, was intended only ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o in the first instance to the heirs of the husband or to the source from where it came. In support of the contrary submission, attention was drawn to a passage from Hindu Law by S.V. Gupte in which it is stated that the heirs of the husband will take where the property was inherited from the husband or from the father- in-law. The object is to eliminate the father and the moth- er, the heirs of the father, and the heirs of the mother altogether from succession where the property inherited was from the husband or the father-in-law and the deceased has left no son or daughter or any grandchild. The effect of the clause is not only to eliminate the three classes of the heirs, being those mentioned in clauses (c), (d) and (e) to subsection ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
