FATEH BIBI ETC. versus CHARAN DASS

FATEH BIBI ETC. versus CHARAN DASS

The material point for the applicability of the Act is when succession opens, namely, at the termination of the life estate. The Act applies to the case of a Hindu male dying intestate before the Act and succeeded by a female heir who died after the Act. The plaintiff, as the sister's son of the last male holder, is entitled to succeed in preference to the defendant, a paternal uncle, who is postponed to the four relations referred to in the Act.

Parties
Appellant: Fateh Bibi & Others; Respondent: Charan Dass
Jurisdiction
India
Judgment Date
10 March 1970
Procedural Posture
Civil Appeal / Appeal From Judgment and Decree Dated October 30, 1961 of Punjab High Court in Letters Patent Appeal No. 42 of 1959
Outcome
Appeal dismissed
Legal Topics
Inheritance, Succession, Applicability of Hindu Law of Inheritance (amendment) Act, 1929
Hindu Law Inheritance Succession Applicability of Hindu Law of Inheritance (amendment) Act, 1929

Case Brief

Summary, issues, holding and outcome

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Parties

Fateh Bibi & Others

Appellant

Charan Dass

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Decree Dated October 30, 1961 of Punjab High Court in Letters Patent Appeal No. 42 of 1959

Legal Issues

  1. 1 Whether the Hindu Law of Inheritance (Amendment) Act, 1929 applies to the case of a Hindu male dying intestate before the Act came into operation and succeeded by a female heir who died after the Act came into force

Ratio Decidendi

The material point for the applicability of the Act is when succession opens, namely, at the termination of the life estate. The Act applies to the case of a Hindu male dying intestate before the Act and succeeded by a female heir who died after the Act. The plaintiff, as the sister's son of the last male holder, is entitled to succeed in preference to the defendant, a paternal uncle, who is postponed to the four relations referred to in the Act.

Court Disposition

Appeal dismissed

Orders

  • Decision of Letters Patent Bench of the High Court is correct
  • Appeal fails and is dismissed with costs