Property inherited by a Hindu female from her father, if she dies issueless, devolves upon the heirs of her father as per Section 15(2)(a) and Section 16 Rule 3 of the Hindu Succession Act, 1956, following the rules of Section 8.

Jyotsna Rewal Dua, J.

One Smt. Neeli Devi (sic Jamna Devi) died issueless.

The Assistant Collector Second Grade Jalog, District Shimla attested Mutation No. 179 qua landed property of Smt. Neeli Devi (sic Jamna Devi) in favour of Sh. Birbal (the present petitioner).

Feeling aggrieved against the attestation of Mutation No. 179, respondents No.5 to 18 filed an appeal before the Collector, Shimla (Rural). The appeal was dismissed on 27.05.2024. The private respondents carried the matter further in a revision petition before the learned Financial Commissioner (Appeals), Himachal Pradesh.

The revision petition was allowed on 03.07.2025 and the case was remanded to the Assistant Collector Second Grade for fresh decision to be considered in accordance with the provisions of the Hindu Succession Act, 1956 (hereinafter ‘the Act’) as also keeping in view the observations made in the order. Petitioner-beneficiary of Mutation No. 179, feels aggrieved against remand of the case and, therefore, has assailed the order passed by the Financial Commissioner.

It is not in dispute that the land in question was inherited by Smt. Neeli Devi (sic Jamna Devi) from her father and that Smt. Neeli Devi (sic Jamna Devi) had died issueless. Section 15(2)(a) of the Act provides succession with respect to the property inherited by a Hindu female from her parents 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 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 fromP 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-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 husband.”

As per Section 15(2)(a) of the Act, the property inherited by a Hindu female from her father (as is the present case) shall devolve in absence of any son or daughter of the deceased including the children of any pre-deceased son or daughter (as is the present case) not upon the heirs referred to in Section 15(1) but upon the heirs of her father. Thus, succession of the property inherited by Smt. Neeli Devi (sic Jamna Devi) was to devolve upon heirs of her father, in accordance with Section 15(2)(a). This aspect of the matter has been concurrently held so by both the learned authorities i.e. the Collector as also the Financial Commissioner. The order of succession and manner of distribution among heirs of a female under Section 15 will be governed by Section 16, Rule 3 as under: -

“16. Order of succession and manner of distribution among heirs of a female Hindu.―The order of succession among the heirs referred to in section 15 shall be, and the distribution of the intestate’s property among those heirs shall take place according to the following rules, namely:―

Rule 1.―Among the heirs specified in sub-section (1) of section 15, those in one entry shall be preferred to those. in any succeeding entry, and those included in the sameP entry shall take simultaneously.

Rule 2.―If any son or daughter of the intestate had pre-deceased the intestate leaving his or her own children alive at the time of t