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2018 Supreme(P&H) 1696

ANIL KSHETARPAL
Sukhwinder Kaur – Appellant
Versus
Rajwant Kaur – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Mohinderjeet Singh, Mr. Kanwardeep Singh
For the Respondents: Mr. Chetan Mittal, Mr. Varun Issar

JUDGMENT :

Anil Kshetarpal, J.

Plaintiffs-appellants are in the regular second appeal against the concurrent findings of fact arrived at by both the courts below while dismissing the suit for declaration and a decree for joint possession of the land in question.

2. In the considered opinion of this court, following substantial question of law arises for determination:-

“Whether on the death of a female intestate, not having her own children including grand children, the property which was inherited from her father would devolve upon the heirs of her father in accordance with section 15 (2) (a) of the Hindu Succession Act, 1956?”

FACTS:-

3. There is no much dispute about facts. Kapoor Singh was the common ancestor. He initially married with Mangal Kaur, Sukhwinder Kaur and Manjit Kaur, (Plaintiffs-Appellants) daughters were born to the couple. During the life time of Mangal Kaur, Kapoor Singh contracted second marriage with defendant no.1 Rajwant Kaur and another daughter was born i.e. Ramandeep Kaur. It may be significant to note that although, legality of marriage by Kapoor Singh with Rajwant Kaur during the life time of Mangal Kaur has been raised but thereafter it has never been press

































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