BHAGAT RAM (DEAD) versus TEJA SINGH

BHAGAT RAM (DEAD) versus TEJA SINGH

Succession to property inherited by a Hindu female from her mother falls under Section 15(2) of the Hindu Succession Act. Therefore, on Santi's death, the property does not devolve upon the heirs of her pre-deceased husband but upon Indro, her sister, as the heir of the mother.

Source-derived case information.

Parties
Appellant: Bhagat Ram (Dead); Respondent: Teja Singh
Jurisdiction
India
Judgment Date
31 March 1999
Procedural Posture
Civil Appeal / Appeal Against Judgment and Order of Punjab & Haryana High Court
Outcome
Appeal allowed
Legal Topics
Hindu Succession Act 1956, Intestate Succession, Section 15(1) and 15(2)
Succession Law Hindu Law Hindu Succession Act 1956 Intestate Succession Section 15(1) and 15(2)

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Parties

Bhagat Ram (Dead)

Appellant

Teja Singh

Respondent

Procedural Posture

Civil Appeal / Appeal Against Judgment and Order of Punjab & Haryana High Court

Legal Issues

  1. 1 Whether section 15(1) or section 15(2) of the Hindu Succession Act, 1956 applies to property inherited by a Hindu female from her mother
  2. 2 Whether property of Santi devolves upon heirs of her pre-deceased husband or upon Indro after Santi's death

Ratio Decidendi

Succession to property inherited by a Hindu female from her mother falls under Section 15(2) of the Hindu Succession Act. Therefore, on Santi's death, the property does not devolve upon the heirs of her pre-deceased husband but upon Indro, her sister, as the heir of the mother.

Court Disposition

Appeal allowed

Orders

  • Judgment and order of the High Court and two courts below set aside
  • Appellant to bear own costs