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2009 Supreme(SC) 932

S.B.SINHA, MUKUNDAKAM SHARMA
Omprakash – Appellant
Versus
Radhacharan – Respondent


Advocates appeared:
For the Appellant(s) :N.R. Choudhury, Somnath Mukherjee, Advocates.
For the Respondent(s):Arvind V. Savant, Sr. Adv., Nitin S. Tambwekar, B.S. Sai, K. Rajeev, Advocates.

JUDGMENT

S.B. Sinha, J.—

1. Leave granted.

2. One Smt. Narayani Devi was married to one Dindayal Sharma in the year 1955. She became widow within three months of her marriage. Concededly, she was driven out of her matrimonial home immediately after the death of her husband. After that she never stayed in her matrimonial home. At her parental home, she was given education. She got an employment. She died intestate on 11.7.1996. She had various bank accounts; she left a huge sum also in her provident fund account.

3. Ramkishori, mother of Narayani, filed an application for grant of succession certificate in terms of Section 372 of the Indian Succession Act. Respondents herein also filed a similar application. It now stands admitted that all her properties were self acquired.

4. The question which arose for consideration before the courts below as also before us is as to whether sub-Section (1) of Section 15 of the Hindu Succession Act, 1956 (for short, “the Act”) or sub-Section (2) thereof would be applicable in the facts and circumstances of this case. Section 15 of the Act reads as under:

“15 - General rules of succession in the case of female Hindus.–(1) The property of a female































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