The rule of preference between heirs of full blood and heirs of half blood applies only when there is a competition between heirs of the same degree or proximity of relationship to the deceased.

G.C.Bharuka, J.

1. The relief claimed in C.W.J.C. No. 5614 of 1987 is consequential to the result of C.W.J.C. No. 5615 of 1987, as such both the writ applications are being disposed of by a common judgment. C.W.J.C. No. 5615 of 1987 In this writ application, the petitioner has prayed for quashing of the orders contained in Annexures 1, 2 and 3, which have been passed by the Consolidation Authorities under the provisions of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as the Consolidation Act).

2. The petitioner and respondent No. 5 are the descendents of a common ancestor, Ramnevaj Singh. Ramnevaj Singh had two wives. From the first wife, he had one son Baldeo Singh. From his second wife he had two sons, Jagdish Singh and Rajmohan Singh. Jagdish Singh died issueless in 1934 leaving behind his wife Ramlochan Kuer and, therefore, she succeeded to the properties of her husband at that time as a limited owner but pursuant to Sec. 14 of the Hindu Succession Act, 1956, she became the full owner thereof, Rajmohan Singh died in 1962 leaving behind his two married daughters including Tara Devi, who is respondent No. 5 to the writ application.

3. It has been stated in paragragh 7 of the writ application that Ramlochan Kuer died on 16-9-1975 and thereafter on 1-12-1975, Baldeo Singh also died. This foundational fact has not been denied by the respondents. There is no counter-affidavit on record to dispute this fact. Bildeo Singh had died leaving behind his son Ramdeo and grandson Ram Nandan Singh being the son of his second predeceased son Suryadeo Singh.

4. In the above circumstances, a question had fallen before the Consolidation Authorities as to who was the legal heir of late Ramlochan Kuer on the date of her death i.e. on 16-9-1975. According to the uncontroverted facts on record on the date of death of the intestate two relatives falling in the category of class II heirs were surviving, namely, (i) Baldeo Singh, the step brother of her husband and (ii) Tara Devi (Respondent No. 5), daughter of Jagdish Singh, full brother of her husband. Only these two persons are the competing heirs in the present case. It is so because Ramdeo and Ramnandaa are claiming only through late Baldeo Singh.

5. Sec. 15 of the Hindu Succession Act, 1956 (hereinafter referred to as the Succession Act) provides general rules of succession in the case of female Hindus which reads as under:

15. .(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in Sec. 16,-- (a) firstly, upon the sons and daughters (including the children of any predeceased son or daughter) and the husband;

(b) secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the mother.

(2) Notwithstanding anything contained in Sub-sec. (1),-- (a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any predeceased (son or daughter) not upon the other heirs referred to in Sub-sec. (1) in the order specified therein, but upon the heirs of the father; and

(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any predeceased son or daughter) not upon the other heirs referred to in Sub-sec. (1) in the order specified therein, but upon the heirs of the husband.

6. Since, Ramlochan Kuer, intestate, had died issueless, therefore, the properties inherited by her from her husband devolved on the heirs of her husband. For ascertaining the heirs of her husband, the rules contained in Sec. 8 of the Succession Act need to be seen. This section provides general rules of succession in the case of males and reads as under:-

8. The property of a male Hindu dying intestate