1. Dispute over inheritance of bhumidhari land following the death of a female Hindu who inherited property from her father prior to the U.P.Z.A. Act. (Para 2 , 3 , 6 )
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2000 Supreme(SC) 213
SUPREME COURT OF INDIA
A.P.Misra : J.Jagannadha Rao
Moolchand
Versus
Kedar
Case No. : 648 of 2000
Date of Decision : 1/28/00
Important Points
Inheritance of a female Bhumidhar under the U.P.Z.A. Act is determined by her personal law. If she held a limited estate under personal law and died before the Hindu Succession Act, 1956, the property devolves under Section 172(2)(a)(i) and Section 171, not as an absolute owner.
Subject
Property Law - Land Reforms and Succession
Act Referred
U.P. Zamindari Abolition and Land Reforms Act, 1950: S.172(2)(a)(ii), S.172(2)(a)(i), S.174, S.175, S.4, S.6, S.18, S.171, S.152, S.172A
Hindu Succession Act, 1956: S.14
Hindu Succession Act, 1956: S.14
Headnote
(A) U.P. Zamindari Abolition and Land Reforms Act, 1950 - Sections 171, 172(2)(a)(i), 172(2)(a)(ii), 174 and 175 - Hindu Succession Act, 1956 - Section 14 - Succession of female Bhumidhar - Whether inheritance is governed by life estate or absolute ownership under personal law - If a female Hindu (excluding Bombay School) inherits property from a male, she takes only a limited estate under customary Hindu Law - In such cases, Section 172(2)(a)(i) of the U.P.Z.A. Act applies, and devolution is governed by Section 171 - If no heirs are entitled to succeed under the Act, the interest passes by survivorship to co-tenure holders under Section 175 (Paras 7, 8, 13, 15).
(B) Right to transfer vs. Right of inheritance - The absolute right of a female Bhumidhar to transfer her holding during her lifetime does not automatically convert her limited estate into an absolute estate for the purposes of inheritance after her death, as the latter is governed by the personal law applicable to her as per the statutory scheme of the U.P.Z.A. Act (Paras 9, 10, 14).
Facts of the case:
A female Hindu inherited property from her father prior to the enactment of the U.P.Z.A. Act and became a Bhumidhar. She died in 1953, before the commencement of the Hindu Succession Act, 1956. A dispute arose between her husband and the co-tenure holders regarding the devolution of her interest in the land, specifically whether the husband inherited as an absolute owner or if the property passed to co-tenure holders by survivorship.
Findings of Court:
The court found that under the personal law applicable to the deceased (customary Hindu Law, non-Bombay School), she held only a limited estate. Consequently, Section 172(2)(a)(i) of the U.P.Z.A. Act applied, meaning the property would devolve according to Section 171. Since the husband is not an heir under Section 171 and no other heirs existed, the property passed to the co-tenure holders by survivorship under Section 175.
Issues: Whether the inheritance of a female Bhumidhar who died before the Hindu Succession Act, 1956, is governed by Section 172(2)(a)(i) (life estate) or Section 172(2)(a)(ii) (absolute ownership) of the U.P.Z.A. Act.
Ratio Decidendi: For the purpose of inheritance under Section 172(2)(a) of the U.P.Z.A. Act, the nature of the estate (limited or absolute) must be determined solely by the personal law applicable to the female. Since customary Hindu Law (outside the Bombay School) grants only a limited estate to a daughter inheriting from a male, and the deceased died before the Hindu Succession Act, 1956, the property devolves under Section 171/175 rather than Section 174.
Result: Appeal dismissed.
(B) Right to transfer vs. Right of inheritance - The absolute right of a female Bhumidhar to transfer her holding during her lifetime does not automatically convert her limited estate into an absolute estate for the purposes of inheritance after her death, as the latter is governed by the personal law applicable to her as per the statutory scheme of the U.P.Z.A. Act (Paras 9, 10, 14).
Facts of the case:
A female Hindu inherited property from her father prior to the enactment of the U.P.Z.A. Act and became a Bhumidhar. She died in 1953, before the commencement of the Hindu Succession Act, 1956. A dispute arose between her husband and the co-tenure holders regarding the devolution of her interest in the land, specifically whether the husband inherited as an absolute owner or if the property passed to co-tenure holders by survivorship.
Findings of Court:
The court found that under the personal law applicable to the deceased (customary Hindu Law, non-Bombay School), she held only a limited estate. Consequently, Section 172(2)(a)(i) of the U.P.Z.A. Act applied, meaning the property would devolve according to Section 171. Since the husband is not an heir under Section 171 and no other heirs existed, the property passed to the co-tenure holders by survivorship under Section 175.
Issues: Whether the inheritance of a female Bhumidhar who died before the Hindu Succession Act, 1956, is governed by Section 172(2)(a)(i) (life estate) or Section 172(2)(a)(ii) (absolute ownership) of the U.P.Z.A. Act.
Ratio Decidendi: For the purpose of inheritance under Section 172(2)(a) of the U.P.Z.A. Act, the nature of the estate (limited or absolute) must be determined solely by the personal law applicable to the female. Since customary Hindu Law (outside the Bombay School) grants only a limited estate to a daughter inheriting from a male, and the deceased died before the Hindu Succession Act, 1956, the property devolves under Section 171/175 rather than Section 174.
Result: Appeal dismissed.
Legal Category Hierarchy
Table of Contents
2. Whether inheritance is governed by Section 172(2)(a)(i) based on life estate or Section 172(2)(a)(ii) based on absolute ownership under personal law. (Para 2 , 9 )
3. Personal law determines the nature of the estate; under customary Hindu law, a daughter inherits a limited estate, making Section 172(2)(a)(i) applicable. (Para 7 , 8 , 10 , 11 , 12 , 13 )
4. Succession of a female bhumidhar under Section 172(2)(a) depends on whether her personal law granted her a life estate or absolute ownership. (Para 13 , 14 )
5. Appeal dismissed; property devolves to co-tenure holders by survivorship under Section 175. (Para 15 , 16 )
6. How is succession determined for a woman holding an interest inherited as a widow, mother, or daughter under the U.P.Z.A. Act?
Succession is governed by Section 172(2)(a). If personal law entitles her to a life estate, the holding devolves upon the nearest surviving heir under Section 171. If she holds it absolutely, it devolves according to the table in Section 174. (Para 7 , 8 , 13 )
7. Does the absolute right of a female bhumidhar to transfer property affect the laws of inheritance upon her death?
No. While a female bhumidhar has an absolute right to transfer her holding during her lifetime, inheritance upon her death is governed by her personal law as per Section 172(2)(a) to determine if she held a limited or absolute estate. (Para 9 , 10 , 14 )
8. What is the effect of the Hindu Succession Act, 1956, on the nature of a female bhumidhar's estate?
Under Section 14 of the Hindu Succession Act, 1956, a limited estate of a Hindu female is converted into an absolute estate, which would then trigger inheritance under Section 172(2)(a)(ii) of the U.P.Z.A. Act. (Para 13 )
9. Under customary Hindu law (excluding the Bombay School), what is the nature of property inherited by a daughter from a male?
According to the Bengal, Benares, Mithila, and Madras schools, every female, including a daughter, who succeeds as an heir to the property of a male takes only a limited estate in the property inherited. (Para 7 , 13 )
JUDGMENT
A.P.MISRA, J.
(1) LEAVE granted.
(2) THE short question which arises for our consideration is, whether on the facts and circumstances of the case inheritance, when female Hindu Bhumidhar dies, the situation would be governed by Section 172(2)(a)(i i) or Section 172(2)(a)(i) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the "U.P.Z.A. Act"). The appellants case is, even if Section 172(2) applies, as held both by the Appellate court and the High court, Section 172(2)(a)(ii) would apply, as Smt. Kaushalya Devi (deceased wife of the Appellant) inherited the self acquired property from her father, before the date of vesting under the aforesaid Act. Submission is, Smt. Kaushalya Devi, as aforesaid inherited the said property from her father and became absolute owner and not limited owner for life. Thus, on her death Section 172(a)(ii) would apply, hence devolution would be governed by Section 174 , under which the property would devolve on the appellant who is the husband of the deceased.
(3) IN order to appreciate the controversy, we hereby give short essential facts. The present appeal confines its dispute to Khata Nos. 31 and 35 of Village Vishunpur, Phulvaria, Pargana Haveli, Tehsil Pharenda, District Maharajganj in District Gorakhpur, U.P. Musai was the father of Smt. Kaushalya Devi who acquired this property. He died in the year 1944 when his daughter Smt. Kaushalya Devi inherited this property. She was later married to the appellant. She had 2/5th share each in the said two Khatas along with other recorded co-tenure-holders who are respondents before us. On the date of vesting, under U.P.Z.A. Act, Smt. Kaushalya Devi became co-bhumidhar along with the aforesaid other co-tenure-holders. However, she died in the year 1953. Thereafter appellant got his name mutated vide order dated 14.12.54.
(4) DURING consolidation of holdings proceedings the appellant claimed his right as tenure holder in place of Smt. Kaushalya Devi, to the extent of 2/5th share in the said two Khatas and exclusive right in respect of Khata No. 37 to which we are not concerned in the present case. The contesting respondents opposed this and claimed their right, being co- sharer under Section 175 of the said Act as Smt. Kaushalya Devi died leaving no heirs. For ready reference Section 175 is quoted hereunder:- " Section 175 Passing of interest by survivorship: In the CASEOFACO-widow,ORACO-tenure-holder, who dies leaving no heir entitled to succeed under the provisions of this Act, the interest in such holding shall pass by survivorship."
(5) THE Consolidation Officer accepted the claim of the appellant and dismissed the objection of the contesting respondents. Being aggrieved, the respondents filed an appeal before the Assistant Settlement Officer Consolidation. The Appellate Authority held that the respondents being co-tenants were entitled to inherit the share of Smt. Kaushalya Devi under Section 175 of U.P. Zamindari Abolition and Land Reforms Act, 1950 . The Appellant preferred revision before the Deputy Director Consolidation. The Revisionary Authority applying Section 14 of the Hindu Succession Act, 1956 held that Smt. Kaushalya Devi became full owner of the properties and hence after her death her husband, namely, appellant inherits the property. This order was challenged by the respondent before the High Court through a writ petition, which was dismissed but their special leave was allowed by which the case was remanded back to the Deputy Director Consolidation. After remand this Revision Authority applying Section 175 held that respondents being co-tenure-holder would be entitled to inherit Khata Nos. 31 and 35. Thereafter the appellant filed writ petition before the High court which was disposed of by means of the impugned order. The High Court confirmed the finding of the Revisionary Authority and dismissed the petition of the appellant. Being aggrieved, the appel
