IMPORTANT POINTS
There is no prohibition to succession of property of Indian Christian by a foreign national by inheritance.
Where property is purchased by Indian Christian husband and wife and the wife dies leaving behind only her husband and a real sister and no lineal descendants; the husband shall succeed to 3/4th share of the property and the real sister would succeed to balance 1/4th share to the exclusion of all other kindred.

JUDGMENT :

S.ABDUL NAZEER, J.

1. This appeal by the appellants-plaintiff is directed against the judgment and decree dated 22.08.2005 in Second Appeal No.31/2001 (Old No. 1510.1985) passed by the High Court of Uttaranchal at Nainital.

2. Brief facts necessary for disposal of this appeal are narrated herein below.

3. Dr. B.C. Singh and his wife Dr. Stella Lillian Singh (‘Dr. S.L. Singh’ for short) had purchased immovable property known as Capel Cottage No.2/3, along with Annexe No.2/3/4 and Annexe No.2/3/5 situated in Survey No.199 at Ranikhet by deed of sale dated 11.2.1952. Dr. S.L. Singh died on 20.3.1976 leaving no issue. Dr. B.C. Singh and his deceased wife Dr. S.L. Singh were Christians. In the year 1968 Dr. S.L. Singh became acquainted with J.M. Utarid, and she invited him to Ranikhet. J.M. Utarid came to Ranikhet in 1969 and stayed at the home of Dr. B.C. Singh and his wife. During this period J.M. Utarid started living in Capel Cottage Annexe No.2/3/5 after it was vacated by its previous tenant. After sometime, Dr. B.C Singh asked J.M. Utarid and his children to vacate the annexe but they failed to vacate the premises in question. Dr. B.C. Singh filed a suit for eviction against J.M. Utarid. The suit was dismissed on 28.8.1978 as Dr. B.C. Singh failed to prove the tenancy of Mr. J.M. Utarid. The revision filed against the said order was also dismissed. Thereafter, Dr. B.C. Singh filed Civil Suit No.32 of 1980 against Mr. J.M. Utarid and his two sons for possession of the property and for damages on the ground that they were the licensees in respect of the suit property and that their licence had been terminated by a notice served on 4.10.1980.

4. The defendants filed the written statement asserting that the plaintiff is not the sole owner of the property. It was contended that deceased Dr. S.L. Singh was their relative. On her death, defendant No.1, a distant kindred, succeeded to 1/4th share in the entire property. Therefore, the plaintiff was not entitled for relief of possession of the property nor was he entitled for any damages.

5. The trial court dismissed the suit by its judgment and decree dated 24.11.1981. Dr. B.C. Singh challenged the said decree by filing Civil Appeal No.21 of 1981 before the first Appellate Court. The First Appellate Court by its judgment and decree dated 3.9.1985 allowed the appeal, set aside the judgment and the decree of the trial court and the suit was decreed. This decree was carried in appeal by the defendants in Second Appeal before the High Court. The High Court by its judgment and decree dated 22.8.2005 reversed the judgment and decree of the First Appellate Court. During the pendency of the appeal before the High Court, Dr. B.C. Singh died and his legal representatives have been brought on record. Similarly, the first defendant J.M. Utarid also died and his LRs. were already on record.

6. We have heard learned counsel for the parties. The contention of the learned counsel for the appellants-plaintiff is that neither J.M. Utarid nor his children (the defendants in the suit) were the co-owners of the suit property and that the original plaintiff, namely, Dr. B.C. Singh was the sole owner of the property. The defendants were only licensees and that their licence had been terminated. It is further contended that even if the defendants were related to Dr. S.L. Singh they could not succeed to her share since Ida Utarid, the sister of Dr. S.L. Singh, was alive. She was preferential heir as compared to the defendants. At best, first defendant was a distant kindred as compared to Ida Utarid and was not entitled to succeed to the property. Though Ida Utarid was a foreign national there was no bar for her to succeed to her share in the property of her deceased sister Dr. S.L. Singh.

7. On the other hand, learned counsel appearing for the respondents-defendants submits that Ida Utarid, is not entitled to succeed to the estate of Dr. S.L. Singh as she is a Pakistani national. The defendants being the