MOOLCHAND versus KEDAR (DECEASED) BY LRS. AND ORS.

MOOLCHAND versus KEDAR (DECEASED) BY LRS. AND ORS.

Since the appellant's wife inherited the bhumidhari property from her father before the commencement of the Hindu Succession Act, 1956, under her personal law she held only a limited estate in that property. Therefore, on her death, the property must devolve according to Section 172(2)(a)(i) of the U.P. Zamindari Abolition and Land Reforms Act, 1950, which refers to succession as per Section 171. The husband is not an heir under Section 171, and the property devolves upon the co-tenure holders by survivorship under Section 175. The appellant is hence not entitled to succeed.

Parties
Appellant: Moolchand; Respondents: Kedar (deceased) by LRs. and Ors.
Jurisdiction
India
Judgment Date
28 January 2000
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Inheritance, Succession, Co Tenure Holders, U.p. Zamindari Abolition and Land Reforms Act, Limited Estate, Hindu Succession Act
Land Law Hindu Law Inheritance Succession Co Tenure Holders U.p. Zamindari Abolition and Land Reforms Act Limited Estate Hindu Succession Act

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Parties

Moolchand

Appellant

Kedar (deceased) by LRs. and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal

Legal Issues

  1. 1 Whether the inheritance of bhumidhari rights of a female Hindu who died before the Hindu Succession Act, 1956 is governed by Section 172(2)(a)(i) or (ii) of the U.P. Zamindari Abolition and Land Reforms Act, 1950.
  2. 2 Whether the appellant-husband is entitled to succeed to the bhumidhari share of his deceased wife, or whether it goes by survivorship to other co-tenure holders.

Ratio Decidendi

Since the appellant's wife inherited the bhumidhari property from her father before the commencement of the Hindu Succession Act, 1956, under her personal law she held only a limited estate in that property. Therefore, on her death, the property must devolve according to Section 172(2)(a)(i) of the U.P. Zamindari Abolition and Land Reforms Act, 1950, which refers to succession as per Section 171. The husband is not an heir under Section 171, and the property devolves upon the co-tenure holders by survivorship under Section 175. The appellant is hence not entitled to succeed.

Court Disposition

Appeal dismissed

Orders

  • Property in question shall devolve on the co-tenure holders (respondents) by survivorship.
  • No order as to costs; costs on the parties.