JUDGMENT/ORDER

Surinder Gupta, J. - The short question, which has been raised in this appeal is as to how property of a female Hindu after her death will devolve as per provisions of Section 15 of the Hindu Succession Act, 1956 (later referred to as 'the Act') on her heirs, which include children from her first marriage?

2. The case of plaintiff-respondent no. 1 as enumerated by learned counsel for the appellant during arguments is that Asha Ram had two sons, namely, Ganesha and Arjun Singh. Ganesha was married with Daulatia and from this marriage two sons, namely, Pirthi Singh and Kalu Singh were born. After death of Ganesha, Daulatia entered into kareva marriaged with his brother Arjun Singh and from this marriage, respondent no. 2-Kamla and Kasturi, mother of respondent no. 3-Panna were born. After death of Daulatia, property inherited by her from her husband Arjun Singh was mutated in the name of Kamla and Kasturi. Respondents no. 2 and 3 sold the suit property vide sale deed dated 22.11.2001 to appellant.

3. Taking note of above facts, learned Additional Civil Judge (Sr. Division), Hisar while dismissing suit for plaintiff observed in para 16 of his judgment as follows :-

"16. On the other hand, defendant no. 3 has come up with a specific stand that defendant no. 1 and Kasturi, both were daughters of Daulatia, though, Kasturi Devi might have been born from other wife of Arjun Singh. But since the property in question was inherited by Daulatia from her husband certainly after her death, it would go to the legal heirs of her husband Arjun Singh from whom she has acquired this property. Both Kamla and Kasturi Devi being daughters of Arjun Singh were entitled to inherit the estate of deceased Daulatia and thus, mutation has been rightly sanctioned in their favour. Subsequent transfer of their share in favour of defendant no. 3 is also thus legal and valid one. Moreover, defendant no. 3 is also a bona fide purchaser for consideration, who has purchased the property in question from defendant no. 1 and 2 and it is also so evident from the revenue records Ex. P1 Jamabandi, Ex. P2 Mutation and Ex. P3 Khasra Girdawari of the suit property....."

4. Judgment of learned Additional Civil Judge (Sr. Division) was set aside and the appeal was partly accepted by Additional District Judge, Hisar with observations in para 9 of his judgment as follows:-

"9. ...............In this way, there is no dispute, Smt. Kasturi, mother of respondent no. 2, born from the loins of Arjun son of Aasa Ram (name of her mother is not disclosed). Smt. Kamla, born from the loins of Arjun Singh and womb of Smt. Daulatia. The court below, declined relief prayed, to the appellant, on the ground, Smt. Daulatia, inherited the property from her second husband Arjun Singh son of Aasa Ram, therefore, after the death of Smt. Daulatia, only respondents no. 1 and 2 were entitled to succeed to her estate. Here, the court below, has committed error on the point of law. The estate of Hindu female, who died, intestate, is to be devolved as per section 15 of the Hindu Succession Act, 1956 (for short Act) and is to be divided as per section 16 of the Act. The view of this court is fully supported by the law cited by the counsel for the appellant, referred in para no. 6 of this judgment. The estate of Smt. Daulatia, was to devolve upon the children, born from the loins of her first husband Ganesha son of Aasa Ram. The view of the court below is contrary to the provisions of section 15 and 16 of the Act as well as contrary to the law, cited (supra) by the counsel for the appellant. The court below, while appreciating the evidence on record, has also committed grave error. Appellant, who appeared in the witness box on 13.8.2007, as PW-1, admitted, he had three sisters, namely, Shanti, Chandro and Kamla (respondent no. 1). He admitted his sisters, Chandro and Shanti expired and their children are alive. As per section 15 of the Act, had Chandro and Shanti been alive, then, they would