A convert from Hinduism is not disqualified from inheriting Hindu property, and an unmarried woman could not adopt a son before the Hindu Adoptions and Maintenance Act, 1956 came into force.

( 1 ) THIS appeal has been filed against the order dated 28th February 1975 passed by the Additional District Judge, 1st Court Midnapore in Misc. Appeal No. 189 of 1974 reversing those of the learned Munsif, Jhargram in J. Misc. Case No. 79 of 1972 under Section 372 of the Indian Succession Act.

( 2 ) THE facts of the case may briefly be stated as follows:--

( 3 ) THE respondent filed an application under Section 372 of the Indian Succession Act for issue of Succession certificate. The respondent's case is that Dr. (Miss) Janaki Naidu, who was a lady doctor attached to Jhargram Sub-Divisional Hospital died at the said hospital unmarried on 19-3-1972. Dr. Naidu was a Hindu and she left the respondent who is her brother as her only heir. Dr. Naidu left some amount in the local Branch of the State Bank of India and the Jihargram Post Office Savings Bank. That the respondent being the sole heir of Dr. Naidu is entitled to apply for a succession certificate.

( 4 ) THE appellant contested the case by filing objection denying that the respondent was the only heir. It is his case that the applicant being a Christian cannot be an heir to a Hindu. His further case is that his mother died immediately after he was born and before her death she made him over to Dr. Naidu who was then attached to Malda Hospital. Dr. Naidu adopted the appellant as her son and brought him up. In such circumstances the appellant is entitled to a succession certificate as the adopted son and only heir of Dr. (Miss) Naidu.

( 5 ) THE learned Munsiff found that as the respondent is a Christian he is not entitled to get a succession certificate. In that view of his finding he dismissed the application. Being aggrieved the respondent filed an appeal before the learned District Judge. The appellate Court found that the appellant before him is and convert and converts are not disqualified heirs under the Hindu Succession Act. He allowed the appeal but sent the case back on remand to the learned Munsif as the learned Munsif did not arrive at any finding whether the appellant before this Court is an adopted son.

( 6 ) MR. Nagendra Mohan Saha, learned Advocate appearing on behalf of the respondent contends that no second appeal lies against an order rejecting the application under Section 372 of the Indian Succession Act. We agree with the objection raised by Mr. Saha and hold that the appeal is not maintainable.

( 7 ) MR. Bhupendra Kumar Panda, learned Advocate appearing on behalf of the appellant submits that he has an alternative application under Section 115 of the Code and if this Court is satisfied that the order passed by the learned appellate Court is irregular and without jurisdiction this Court can pass appropriate orders on the said application.

( 8 ) MR. Panda submits that the appellate Court was wrong to hold that a convert from Hinduism is not a disqualified heir. Mr. Panda refers to us Section 2 of the Act which provides that "this Act applies to any person, who is a Hindu by religion in any of its forms or developments and to any person who is a Buddhist, Jaina or Sikh by religion and to any other person who is not a Muslim, Christian. Parsi or Jew by religion. . . . . . . ". Such being the provisions Mr. Panda submits that a Christian is not entitled to inherit the properties of the Hindu. We are unable to accept the contention of Mr. Panda, Section 2 simply provides the class of persons whose properties will devolve according to Hindu Succession Act. [t is only the property of those persons mentioned in Section 2 that will be governed according to the provisions of the Act. This Section has nothing to do with the heirs. This Section does not lay down as to who are the disqualified heirs. Sections 24, 25, 26 and 28 lay down the provisions how a person is disqualified. Section 24 provides "certain widows remarrying may not inherit as widows". Section 25 disqualifies a murderer from inheriting the property of the person murdered.