TMI Blog1984 (1) TMI 345X X X X Extracts X X X X X X X X Extracts X X X X ..... . Dhanti. On 27th Nov. 1948 Smt. Dhanti gifted the entire estate in favour her two daughters and the mutation of gift was duly sanctioned. Both the daughters survived the enforcement of Hindu Succession Act, 1956 (hereinafter referred to as 'the Act'). On 4th February, 1972, Smt. Shankari died without leaving husband or a descendant. Her estate was mutated in favour of her sister Amar Kaur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the property and since gift did not amount to acceleration of succession, it could not be held that the property was inherited by her from her mother or father, and, therefore, S. 15(2) of the Act was not applicable. This is second appeal by Smt. Amar Kaur. 4. It cannot be disputed that in 1946 when Ram Chand died, if the parties were governed by customary law then the widow could succeed to wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of this property by virtue of the Act. On these facts it is to be seen whether S. 15(1) of the Act will apply or S. 15(2) of the Act will apply. S. 15(2) of the Act will apply only when inheritance is to the estate left by father or mother, in the absence of which, S. 15(1) of the Act would apply. Under S. 15(1) of the Act, the heirs off the husband have to be traced and while doing so her husba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... became full owner as the smaller estate had merged into larger estate as held in Jai Singh v. Mughla (1967) 69 PLR 475 with the result that the larger estate has to be recognised in law, she will be deemed to be owner of this property for the first time, on the basis of S. 14(1) of the Act. Hence the words relied upon in S. 15(2) of the Act do not advance the case of the appellant. For the reasons ..... X X X X Extracts X X X X X X X X Extracts X X X X
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