OMPRAKASH & ORS. versus RADHACHARAN & ORS.

OMPRAKASH & ORS. versus RADHACHARAN & ORS.

For self-acquired property of a female Hindu dying intestate, Section 15(1) applies and not Section 15(2); property devolves according to general rules without sentiment or sympathy influencing statutory interpretation.

Parties
Appellant: Omprakash & Ors.; Respondent: Radhacharan & Ors.
Jurisdiction
India
Judgment Date
05 May 2009
Procedural Posture
Civil Appeal / Appeal From High Court Decision
Outcome
Appeal dismissed
Legal Topics
Hindu Succession, Intestate Succession, Devolution of Self Acquired Property
Succession Family Law Hindu Succession Intestate Succession Devolution of Self Acquired Property

Case Brief

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Parties

Omprakash & Ors.

Appellant

Radhacharan & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether sub-section (1) or (2) of Section 15 of the Hindu Succession Act, 1956 applies to devolution of a Hindu woman's self-acquired property when she dies intestate

Ratio Decidendi

For self-acquired property of a female Hindu dying intestate, Section 15(1) applies and not Section 15(2); property devolves according to general rules without sentiment or sympathy influencing statutory interpretation.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs