LAW FOR ALL

Hindu Succession Act Section 15(2)(a) of the Act does not apply to the plaint 'B' schedule property, the plaintiffs are liable to fail in their case.whether the acquisition of title to the property through partition shall be considered to be inheritance within the meaning of Section 15(2) of the Act where the property partitioned in fact was acquired by inheritance.- It is found that the plaint 'B' schedule property was inherited by Sankaraiah on the demise of his wife Subbarathnamma and that the 1st defendant became entitled to the same by virtue of the relinquishment deed executed by Sankaraiah under Ex.B-3. The plaintiffs are not entitled to the declaration, possession and mesne profits as claimed. The suit is accordingly dismissed.= once an inherited property is intermeddled with, such property looses its character as an inherited property so far as Section 15(2) of the Act is concerned. It is true that the 1st plaintiff and Subbarathnamma inherited the plaint 'A' schedule property. However, once there was a partition and the plaint 'B' schedule property was allotted to Subbarathnamma, the plaint 'B' schedule property as well as the remaining part of the plaint 'A' schedule property lost their character as 'inherited property'. Consequently, Section 15(1)(a) of the Act came into operation once Subbarathnamma died. Her husband succeeded to the plaint 'B' schedule property as the only heir under Section 15(1)(a) of the Act. As the owner of the property, Sankaraiah, husband of Subbarathnamma, was entitled to dispose of the plaint 'B' schedule property in any manner of his choice. He chose to settle the same in favour of the 1st defendant. The plaintiffs cannot question the disposal of plaint 'B' schedule property by Sankaraiah in favour of the 1st defendant. = "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 Hindus 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-deceased son or daughter) not upon the other heirs referred to sub-section (1) in the order specified therein, but upon the heirs of the husband." 7. Section 15(1) of the Act provides the mode of intestate succession of the property of a female Hindu. Section 15(2) of the Act however is an exception to the succession as provided under Section 15(1) of the Act. Section 15(2) of the Act starts with a non obstante clause that notwithstanding Section 15(1) of the Act, the property inherited by a female Hindu from her parents devolves upon the heirs of the father of such a female Hindu if such a female Hindu dies without any issue. Section 15(2) of the Act further envisages that the property inherited by a female Hindu either from her husband or from her father-in-law devolves upon the heirs of her husband if she dies without any issue.