1994 (9) TMI 64

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..... her mother. When her mother died intestate, the respondent-husband filed Partition Suit No. 39 of 1979, in the Court of the Special Sub-judge, Ranchi claiming half the share as a class-I heir of his wife. The trial Court dismissed the suit on the ground that during the lifetime of the mother of the appellant, she had bequeathed the properties to the appellant under a gift deed and that, therefore, .....

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..... s 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-s. (2) with non obstante clause excludes the applicability of sub-s. (1). Clause (a) of sub-s. (2) provides that: "(a) any property inherited by a female Hindu from her father or mother shall devolve, in the abse .....

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..... et such property. Thus, the husband stands excluded from the succession to the property inherited by a 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 the provision .....

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