MST. MOHINDERO versus KARTAR SINGH AND ORS.

MST. MOHINDERO versus KARTAR SINGH AND ORS.

The appellant being daughter of a predeceased son was entitled to succeed to the property of Santi in preference to the respondents-plaintiffs by virtue of Section 15(1)(a) of the Hindu Succession Act, 1956.

Parties
Appellant: Mohindero; Respondents: Kartar Singh and Ors.
Jurisdiction
India
Judgment Date
30 October 1990
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Hindu Succession Act, Preferential Heir, Succession of Hindu Widow
Succession Law Family Law Hindu Succession Act Preferential Heir Succession of Hindu Widow

Case Brief

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Parties

Mohindero

Appellant

Kartar Singh and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether appellant Mohindero, as daughter of a predeceased son, was entitled to succeed to Santi's property in preference to respondent-plaintiffs.
  2. 2 Whether Section 15(1)(a) of the Hindu Succession Act, 1956 applies to the succession of estate of Santi.

Ratio Decidendi

The appellant being daughter of a predeceased son was entitled to succeed to the property of Santi in preference to the respondents-plaintiffs by virtue of Section 15(1)(a) of the Hindu Succession Act, 1956.

Court Disposition

Appeal allowed

Orders

  • Judgment of High Court set aside
  • Suit filed by respondent-plaintiffs dismissed