STATE OF PUNJAB versus BALWANT SINGH & ORS.

STATE OF PUNJAB versus BALWANT SINGH & ORS.

A female Hindu being the full owner of property becomes a fresh stock of descent; if she leaves behind any heir either under Section 15(1) or 15(2), her property cannot be escheated to the State. Section 15(2) was intended only to change the order of succession among heirs and not to eliminate the other groups of heirs specified in Section 15(1). Escheat to the government under Section 29 arises only in the case of total absence of heirs, not where a relative (such as the grandson of her brother) exists as a qualified heir.

Parties
Appellant: State of Punjab; Respondent: Balwant Singh; Appellants: Defendants 2 to 6
Jurisdiction
India
Judgment Date
09 October 1991
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal and Special Leave Petition
Outcome
Civil Appeal No. 851/91 dismissed; Civil Appeal No. 4125/91 allowed.
Legal Topics
Escheat, Order of Succession Under Section 15 of Hindu Succession Act, Devolution of Property of Hindu Female Dying Intestate
Succession Law Hindu Law Escheat Order of Succession Under Section 15 of Hindu Succession Act Devolution of Property of Hindu Female Dying Intestate

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Parties

State of Punjab

Appellant

Balwant Singh

Respondent

Defendants 2 to 6

Appellants

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal and Special Leave Petition

Legal Issues

  1. 1 Whether property inherited by a Hindu female from her husband escheats to the State on her dying intestate without issue and with no heirs from husband's side under the Hindu Succession Act, 1956
  2. 2 Whether Section 15(2) of the Hindu Succession Act intends to eliminate other heirs under Section 15(1) in case of such inheritance

Ratio Decidendi

A female Hindu being the full owner of property becomes a fresh stock of descent; if she leaves behind any heir either under Section 15(1) or 15(2), her property cannot be escheated to the State. Section 15(2) was intended only to change the order of succession among heirs and not to eliminate the other groups of heirs specified in Section 15(1). Escheat to the government under Section 29 arises only in the case of total absence of heirs, not where a relative (such as the grandson of her brother) exists as a qualified heir.

Court Disposition

Civil Appeal No. 851/91 dismissed; Civil Appeal No. 4125/91 allowed.

Orders

  • The decree by the High Court against defendants 2 to 6 set aside; the suit by the plaintiff as against defendants 2 to 6 stands dismissed.
  • The parties may adjudicate elsewhere the subsistence or otherwise of the mortgage in question.