The court ruled on inheritance rights under the Hindu Succession Act, affirming the primacy of certain heirs over others following intestate death.

1. Goju, Chachi and Bondka were brothers. Goju died prior to the death of Chachi.

2. Suit land i.e. 7.74 acres of agricultural land situated at village Bastar, Patwari Halka No. 52, R.I. Circle Menpuri, Tahsil Jagdalpur, District Bastar was self earned property of Chachi. After the death of Chachi, it devolved upon Mst. Sukali i.e. his wife. Mst. Sukali also died sometime in the year 1989-90, and thereupon this dispute about the inheritance to the suit land left behind by Mst. Sukali, has arisen between the parties. Both the parties claim on the basis of Hindu Succession Act, 1956 .

3. As the suit land was mutated in the name of Bondka and after his death in the year 1992 in the name of defendants i.e. heirs of Bondka, a suit claiming declaration of their half share in the suit land, partition, separate possession and mesne profit was filed by the respondents i.e. legal heirs of Goju.

4. The plaintiffs; suit was decreed. First appeal preferred by the appellant was also dismissed.

5. Feeling aggrieved and dissatisfied with the judgment and decree dated 30-10-1999 passed by IIIrd Additional District Judge Jagdalpur (Bastar), in Civil Appeal No. 6 - A / 1998, affirming the judgment and decree dated 28-2-1998 passed by IIIrd Civil Judge Class II, Jagdalpur, in Civil Suit No. 237 - A / 96, instant second appeal has been preferred by the defendants i.e. legal heirs of Bondka.

6. During pendency of second appeal, appellants No. 1 and 3 and respondent No. 1 have died and their names have been deleted from the memo of appeal.

7. The second appeal was admitted for hearing on the following substantial question of law :
"Whether the Court below failed to see that if the suit property be self acquired property of Chachi, shall be succeeded to by Bondka, after the death of his widow Sukali in the year 1990?"

8. I have heard learned counsel appearing for the parties and perused the records of both the Courts below including judgment and decree impugned.

9. Admittedly, there is no dispute between the parties with regard to the fact that suit property was self earned property of Chachi. It is also not in dispute that Goju died before the death of Chachi and at the time of death of Mst. Sukali i.e. wife of Chachi, Bondaka - real brother of Chachi was alive.

10. The question to be decided is : which are the parties is entitled to succeed to the interest of Mst. Sukali under the Hindu Succession Act, 1956 .

11. The General Rules of succession in the case of a female Hindu dying intestate are given in S.15 of the Act, which so far as it is material for the purpose, read as follows :
"15(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in S.16, -
(a) upon the sons and daughters (including the children of any predeceased son or daughter) and the husband;
(b) upon the heirs of the husband;
(c) to (e) xxxx xxxx xxxx
(2) Notwithstanding anything contained in sub-s. (1), -
(a)  xxxx xxxx xxxx
(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 predecessed son or daughter) not upon the other heirs referred to in sub-sec. (1) in the order specified therein, but upon the heirs of the husband."

12. This section should be read along with the Rules set out in S.16, the material part of which runs as under :
"The order of succession among the heirs referred to in S.15 shall be, and distribution of the intestates property