B.C. SINGH (D) BY LRS. versus J.M. UTARID (D) BY LRS.

B.C. SINGH (D) BY LRS. versus J.M. UTARID (D) BY LRS.

The original plaintiff Dr. B.C. Singh held half share in the property by virtue of the sale deed and, on death of his wife intestate, succeeded to half her share as per Section 33(b) read with Section 35 of the Act, thus holding 3/4th share. The deceased wife left behind a real sister but no lineal descendant; the sister, being the only near kindred and preferential heir, succeeded to 1/4th share. Distant kindred (wife’s relative) are excluded by operation of Sections 42–48; therefore, defendants are not entitled to any share.

Parties
Appellant: B.C. Singh (D) by LRS.; Respondent: J.M. Utarid (D) by LRS.
Jurisdiction
India
Judgment Date
08 May 2018
Procedural Posture
Civil Appeal / Appeal Against High Court Judgment
Outcome
Appeal allowed
Legal Topics
Intestate Succession, Christian Succession, Distribution of Property, Preferential Heirs
Succession Law Intestate Succession Christian Succession Distribution of Property Preferential Heirs

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Parties

B.C. Singh (D) by LRS.

Appellant

J.M. Utarid (D) by LRS.

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Judgment

Legal Issues

  1. 1 Whether distant kindred of the deceased wife can succeed to her share in property in presence of her real sister
  2. 2 Proper distribution of property under Indian Succession Act when deceased leaves husband and sister but no lineal descendants

Ratio Decidendi

The original plaintiff Dr. B.C. Singh held half share in the property by virtue of the sale deed and, on death of his wife intestate, succeeded to half her share as per Section 33(b) read with Section 35 of the Act, thus holding 3/4th share. The deceased wife left behind a real sister but no lineal descendant; the sister, being the only near kindred and preferential heir, succeeded to 1/4th share. Distant kindred (wife’s relative) are excluded by operation of Sections 42–48; therefore, defendants are not entitled to any share.

Court Disposition

Appeal allowed

Orders

  • Judgment and decree of High Court set aside
  • Judgment of the First Appellate Court restored