The word "inherited" in Section 15(2)(a) of the Hindu Succession Act, 1956 means "succession by descent" and does not include property acquired by gift.

ORDER : The petitioner is the sister of one Kanniammal who died intestate on 7-7-1960. She is the childless widow of one Patta Achari, and Patta Achari's brother's sons are the respondents. This revision arises out of proceedings for the issue of a succession certificate in respect of the outstandings due on three promissory notes to the deceased Kanniammal. The learned District Munsif, on the evidence, finds that Kanniammal had been given properties by her father and that she sold jewels and lent amounts for interest. It is found that the promissory note amounts were her own acquisitions, the nucleus being gifts made to her by her father. It may be taken as uncontested that her husband did not contribute to any acquisition by her. The question in She circumstances is as to who is her heir, who gets the three disputed outstandings of Kanniammal.

2. The learned District Judge, Chingleput has held that the respondents herein, as heirs of the husband of the deceased, are the persons that succeeded to these outstandings under S. 15(1)(b) of the Hindu Succession Act, 1956. On behalf of the sister, that is the present petitioner, it was contended that she would be the heir under S. 15(2)(a) of the Act. But S. 15(2) is an exception to the general provision for succession found in Sub-Section (1) of S. 15 applicable to case whether the intestate woman had inherited properties either from her father or mother or from her husband or from her father-in-law and the question relates to such properties. Learned counsel for the petitioner would contend that the word "inherited in Sub-Section (2) should be read so as to include also property acquired otherwise than by descent on the death of a previous owner. According to the petitioner S. 15(2)(a) would include also property which the deceased woman had obtained by gift or settlement from her parents. Reading the entire S. 15 of the Act, it looks to me that where succession to a female Hindu generally is provided for under Sub-Section (1), an exception has been engrafted under Sub-Section (2) recognising a different mode of devolution in respect of property which the woman acquired by inheritance, in a way to a very limited extent recognising the old Hindu law in the matter, which restricted a woman's estate in inherited property and provided for its devolution as from the last full owner. Sub-Section (2) of S. 15 runs thus : "Notwithstanding anything contained in Sub-Section (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-Section (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-Section (1) in the order specified therein, but upon the heirs of the husband".

Prima facie, it looks that the exception engrafted seeks to retain in the father's family property inherited by the deceased lady from her parents and similarly seeks to retain in the husband's family property inherited from her husband or father-in-law. The word "'inherit" is a word of known import and ordinarily cannot give any difficulty in understanding its content. To inherit is to receive property as heir, that is succession by descent. In Aiyar's Law Lexicon the word "inherit" is thus defined :

"To receive property is heir. 'Inherit' means succession by descent. To take by inheritance (48 Mad 1 - AIR 1925 Mad 497). To take, or to have; to become possessed of to take as heir at law by descent or distribution; to descend. The words 'inherit' and 'heir' in a technical sense, relate to right of succession to the real estate of a person dying intestate