Succession--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.

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 pressed. Hence, in the present case, the aforesaid issue is not being adjudicated upon.

4. Kapoor Singh died on 17.12.1987 intestate and Late Smt. Mangal Kaur, first wife had predeceased him on 18.08.1978. On the death of Kapoor Singh, property devolved upon four Class-1 heirs, namely, Rajwant Kaur, widow, Sukhwinder Kaur, Manjit Kaur and Ramanadeep Kaur, daughters. Ramandeep Kaur died unmarried on 14.06.1995. Dispute in the present case is with respect to succession to the property of Ramandeep Kaur, which opened on 14.06.1995 on her death. Revenue authorities have sanctioned mutation exclusively in favour of Rajwant Kaur, the natural mother, excluding Sukhwinder Kaur and Manjit Kaur, the sisters.

5. Both the courts below have taken a view that on the death of Ramandeep Kaur, on conjoint reading of Section 15 and Section 18 of the Hindu Succession Act, since Sukhwinder Kaur and Manjit Kaur, the plaintiffs-appellants, were not related by full blood with Ramandeep Kaur, therefore, they are not entitled to any share in the property of Ramandeep Kaur. In these facts, question which arises has been extracted above.

“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?”

6. On careful reading of Section 15(2)(a) and Section 16 Rule 3 and Section 18 of the Hindu Succession Act, 1956, this court is of the considered view that the courts below have committed an error in reading Section 18 of the Hindu Succession Act in isolation. For facility of reference, Sections 15, 16 and 18 of the Hindu Succession Act, 1956 are reproduced as under:-

15. General rules of succession in the case of female Hindus.-

(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,-

(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

(b) secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the mother.

(2) 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 pre-deceased 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 pre-deceas