The term "inheritance" in Section 15 (2) (a) of the Hindu Succession Act, 1956, is to be interpreted narrowly and does not include property acquired by a female Hindu from her mother by will.

GOPAL RAO EKBOTE, J.

( 1 ) THIS appeal is preferred (referred?) by K. Ramachandrarao, J. , as the learned Judge thought that the question which arises for consideration in the appeal is of considerable importance and is also likely to arises frequently. The question involves the interpretation of Section 15 (2) of the Hindu Succession Act, hereinafter called "the Act".

( 2 ) THE facts are very brief and are not in dispute. The property in question belonged to one K. Mahalakshmamma, wife of Ramakrishnayya. The plaintiff is the son of Janakiramaiah, the eldest brother of the said Ramakrishanayya. Mahalakshmamma died issue less. The plaintiff claims to be entitled to her properties. The 1st defendant is the paternal uncles son of Mahalakshmamma. The 2nd defendant is the brother-in-law of the 1st defendant. They have no manner of right in the suit properties. The suit was therefore originally laid for declaration of plaintiffs title and for a permanent injunction restraining the defendants from interfering with his possession. It was subsequently altered to that of possession and mesne profits.

( 3 ) THE defendants set up a will executed by K. Mahalakshmamma dated 24-9-1961. They denied the alleged adoption of the plaintiff by K. Mahalakshmamma.

( 4 ) THE trial court framed appropriates issues and after a proper trial decreed the plaintiffs suit O. s. No. 32/63 on 30-4-1965.

( 5 ) AGGRIEVED by that decision the defendant filed A. S. 13/66. The Second Additional District Judge, Guntur by his judgment dated 8-5-1969 dismissed the appeal.

( 6 ) SINCE both the courts have found that the adoption set up by the plaintiff and the will set up by the defendant are not proved, the learned advocate for the parties rightly chose not to dispute the correctness of the findings of fact. The only question which was argued by Sri. R. Venugopala Reddi the learned counsel for the defendants, was that Section 15 (2) of the Act is an exception to Section 15 (1 ). He argued that the intention in legislating Section 15 (2) is to re (. . . . .) if she dies issue less irrespective of the fact that the widow has inherited the property as such or got it by gift of other form of transfers inter vivos. His contention was that the word inheritance used in Section 15 (2) includes transfers by way of gift etc.

( 7 ) IT is common ground that the suit property originally belonged to the mother of K. Mahalakshmamma. Her name was Raghavamma. Raghavamma executed a Will Ex. A-1 on 29-2-1940. She thereunder bequeathed the suit property to her daughter K. Mahalakshmamma. K. Raghavamma died in 1959. Thus the suit property came to Mahalakshmamma under the said will from her mother. What was contended was that although the property has come to K. Mahalakshmamma under a will from her mother, she would be deemed to have inherited the property from her mother within the meaning of Section 15 (2) of the Act and as the defendant is the heir of K. Mahalakshmammas father, he is entitled to the property under Section 15 (2) (a ).

( 8 ) NOW Section 15 lays down general rules of succession in the case of female Hindus. Sub-section (1) lays down the general order of succession to the property of a female intestate who dies after the commencement of the Act. It lays down a scheme of succession to her property which is different from the order of succession to the property of a female intestate. The section groups of heirs of a female intestate into five categories described as clauses (a) to (d) specified in sub-section (1 ). It is not however a complete statute of law in that behalf. There are two exceptions both of the same character which are incorporated in sub-section (2 ). But for this the order of succession to the property of a female Hindu dying intestate would have been uniform. .

( 9 ) BROADLY stated the two exceptions are that if the female dies without leaving any son or daughter including the children of any predeceased son or daughter, then firstly in respect of propert

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