The main legal point established in the judgment is the application of Sections 8 and 9 of the Hindu Succession Act, 1956 in determining the devolution of property and the succession of heirs.

1. This is plaintiffs' second appeal filed under Section 100 of CPC against the judgment and decree dated 21.01.2003 passed by the 7th Additional District Judge (F.T.C.), Durg in Civil Appeal No.3-A/2002 affirming the judgment and decree dated 05.03.1993 passed by 6th Civil Judge, Class-2, Durg in Civil Suit No. 123A/1991.

2. Facts of the case, in brief, are as follows:

(i) The pedigree of late Seera Singh is as follows :

Seera Singh

sons

Arnru (Died) wife Chiter Singh (Died) Shri Ram (Died)

Soniya (died) Wife Hirabai (Died) (Daughter)

(issueless)

(Daughters) Kevra Bai (Wife of Shive

Prasad) (Died on 12.12.86)

Dhanbai (D) Daijanbai (D) Rewatibai (D).

W/o Nandu W/o Parsadi W/o Samaru Daughter Kewra Bai kept

wife of Shyam Ratan

Son & d/o Sadhu (D)-Son (Mangala) (P-1) Santara Bai (D)

Sukhchand (D-2) Pandit (P-l)

Panchu (D-3) Son Hemlal (P-2)

Radhabai (D-4) Wife Gaya Bai

Krishna Bai (D-5)

Rajendra (P-4) Ravindra (P-5) Son Dhuruwa (D-l)

(ii) The descendants of Daijanbai, wife of Parsadi and Rewati, wife of Samaru along with descendant of Kewrabai, W/o Shiv Prasad, namely, Hemlal had filed a civil suit before the trial Court seeking relief of declaration, injunction and possession with regard to the suit land admeasuring 24.98 acres situated at village Nandini. All the reliefs were directed against respondent/defendant No.1 - Dhuruwa.

(iii) According to the appellants/plaintiffs, the defendant - Dhuruwa had no title over the undivided property of late Seera Singh. While taking out the copy of Kistbandi and Khasra Panchshala, they found the name of respondent No. 1 - Dhuruwa has been mutated against the name of Kewrabai. They had further pleaded that Dhuruwa had taken possession of 5.55 acres of land and is attempting to take possession of the entire property. It was also pleaded that Dhuruwa was not the son of Kewrabai, therefore, he was not entitled to any share in the property and that the will executed in his favour is forged and fabricated.

(iv) By filing written statement, the defendants denied the claim put forth by the plaintiffs. According to the defendants, Amru (son of late Seera Singh) had died prior to coming into force of Hindu Succession Act, 1956 (henceforth 'the Act of 1956') leaving no male descendant. His widow - Soniabai was only having limited interest in the property and was only entitled to be maintained out of the corpus of Hindu Undivided Family property. After death of Amru, his share in the property devolved upon surviving sons of late Seera Singh, namely, Chiter Singh and Shriram. Chiter Singh died issueless, therefore, his undivided share in the property devolved upon Shriram and thus Shriram became full owner of the entire property. Kewrabai was the daughter of Shriram and had married to one Shyam Ratan by custom of 'Chudi'. Prior to her Chudi marriage with Shyam Ratan, her marriage was solemnized with Shiv Prasad. Out of wedlock with Shiv Prasad, she had a daughter - Santrabai and Santrabai was blessed with a son, namely, Hemlal, appellant/plaintiff No.2. Kewrabai had executed a will in favour of defendant No.1 - Dhuruwa. Pursuant to said will executed by Kewrabai, after her death, defendant No.1 -Dhuruwa became exclusive owner of the entire property. Defendant No. 1 had also set-up a counter-claim, seeking relief of injunction and possession against the plaintiff').

(v) The trial Court decreed the suit as well as counter claim in part and declared Dhuruwa (defendant No.1) to be co-owner of the property left behind by late Seera Singh to the extent of 2/3rd share, finding inter alia, Sonia Bai, i.e., widow of Amru was limited owner of the property and was recorded as a co-owner in the revenue records; after coming into force of the Act of 1956, Sonia Bai had become absolute owner to the extent of her husband's share; after death of Chiter Singh, who had died issueless, since heir