The son or daughter of the deceased referred to in section 15(2)(b) of the Hindu Succession Act, 1956 includes all sons and daughters of the female Hindu dying intestate, regardless of which husband they were born from.

DESBPANDE J.-The short question that falls for determination in this case is as to whether, a son by the first husband of a female Hindu is entitled to succeed to the property on her death inherited by her from her second husband, under section 15 of the Hindu Succession Act of 1956.

2. Facts in this case are not in dispute. One Durgappa Banoji Redekar was the owner of survey Nos 48 II, 4817 and 12514 situate in village Manwad in Kolhapur district. Durgappa died leaving behind him no issues, male or female, but his widow Yamunabai. Yamunabai succeeded to the property on the death of Durgappa and enjoyed the property till her death on August 6, 1961. Yamunabai was thus alive on June 17, 1956, when the Hindu Succession Act of 1956 (hereinafter referred to as "the Act") came into force, and was in possession of the said property, and she thus became absolute Owner of the same in view of section 14 of the Act. Yamunabai left behind her the petitioner Rama, who is admittedly her son born to her from her first husband, after whose death she was married to Durgappa. The Circle Officer held inquiry in mutation proceedings under the Bombay Land Revenue Code to decide whose name should be mutated in the revenue records as the occupant of the lands in place of Yamunabai. The petitioner claimed title to the property as the son of Yamunabai, while the respondents, nephews and grand nephews of Durgappa, claimed title to the property urging that they were entitled to succeed to the property by excluding the petitioner under section 15, sub-section (2) (b) of the Act. By an order dated March 17, 1962, the Circle Officer upheld the claim of the respondents. On appeal by the petitioner to the District Deputy Collector the order of the circle Officer was set aside and the petitioners claim to succeed to the property of Yamunabai was upheld. The respondents then challenged this order in revision before the Commissioner of Poona Division. The Commissioner set aside the order of the Deputy Collector and accepted the claim of the respondents to succeed to the property in dispute left by Yamunabai. The petitioner challenges this order of the Commissioner dated September 24, 1964 in this Special Civil Application.

3. It is not in dispute that Yamunabai held the disputed property as absolute owner. Therefore, the claim to the succession to her property is to be governed by the provisions of section 15 of the Act. General law in regard to the succession to the property left by female dying intestate is laid down in sub-section (1) of section 15. According to this sub-section, property of a female dying intestate devolves firstly upon the sons and daughters of the deceased female Hindu, (including the children of any pre-deceased son or daughter), and the husband, and in their absence upon other heirs enumerated in clauses (b) to (e) of the said sub-section. Two exceptions have, however, been engrafted to this general law, and the said exceptions have been incorporated in clauses (a) and (b) of sub•section (2) of section 15. One exception is in regard to the property inherited by such female Hindu from her father or mother and the rule of succession laid down in this behalf is that such property, inherited by a female Hindu from father or mother, is to devolve on the heirs of her father. This rule, however, is to operate only "in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter)". The second exception is in regard to the property inherited by such female Hindu from her husband or from her father-in-law and the rule of succession laid down in that behalf is that the property so inherited by the female Hindu and left by her dying intestate shall devolve upon the heirs of her husband. This again is to happen "in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter)." Thus the generallaw in regard to the succession to the property