Order

The appellant is the daughter-in-law of the deceased Gomathi Ammal. Venkatarama Iyengar, the husband of the appellant was the only son of Gomathi Ammal and her husband Sesha Iyengar. He died prior to the death of Gomathi Ammal. Venkatarama Iyengar and the appellant have no children. The husband of Gomathi Ammal also died long prior to her death. The appellant filed a suit for declaration of ownership and possession of properties left by Gomathi Ammal who died intestate. The respondent, claiming to be the son of Gomathi Ammal’s brother, contested the suit on the ground that Gomathi Ammal made a will in his favour.

2. The will has not been accepted either by the trial Court or by the first appellate Court or by the High Court in second appeal. The only reason why the High Court has allowed the second appeal is on the ground that the appellant is not an heir of her mother-in-law under the Hindu Succession Act.

3. This finding proceeds on a misconception of the provisions of the Hindu Succession Act. Section 15 of the Hindu Succession Act provides general rules of succession in the case of female Hindus. Under sub-section (1), the property of a Hindu female dying intestate shall dev