Rajiv Narain Raina, J.:-

1. Property inherited by a Hindu woman from her husband when she dies intestate cannot pass down to step children by survivorship when succession opens. Section 15 of the Hindu Succession Act, 1956 is the governing provision and the law has been laid down by the Supreme Court in Lachhman Singh v. Kirpa Singh and others, (1987) 2 SCC 547 on the point. The plaintiff and defendant No. 5 are brother and sister born to late Rumali widow of late Mohar Singh from their matrimonial union. When the suit for declaration and permanent injunction was presented claiming 9/24 share of agricultural land comprising total joint holding comprising 35 Kanals 1 Marla as per Jamabandi for the year 1998-99, Defendant No. 5 was not available to be joined as co-plaintiff, their interest being common and this is why she was arrayed among the defendants as a proforma party. Mohar Singh's first wife Ghishi pre-deceased Mohar Singh who thereafter married Rumali. Rumali died in the year 2002. Rumali did not leave behind a testamentary disposition of her property through a Will. Dispute began when on the death of Rumali defendant Nos. 1 to 4 got her property by mutation of inheritance vi

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