Personal law on succession follows the law in force when succession opens, and husband's heirs are fixed at the female intestate's death.

Section 151 of the Madhya Pradesh Land Revenue Code, 1954 was treated as governing succession to a tenure-holder's interest, but its reference to "personal law" was read as the law in force when succession opened, not the law existing when the Code was enacted. On that basis, the Hindu Succession Act, 1956 applied at the female holder's death and the saving clause in section 4(2) did not exclude it. For property inherited from a husband by a female intestate dying issueless, section 15(2)(b) read with section 16 deems the husband to have died immediately after her death, so his heirs are determined at that time. The respondent, as a Class II heir, ranked ahead of the agnates.

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Issues: (i) Whether section 151 of the Madhya Pradesh Land Revenue Code, 1954 was a law for devolution of tenancy rights so as to be protected by section 4(2) of the Hindu Succession Act, 1956. (ii) Whether the expression "heirs of the husband" in section 15 of the Hindu Succession Act, 1956 is to be determined with reference to the husband's death or with reference to the date of the female intestate's death.

Issue (i): Whether section 151 of the Madhya Pradesh Land Revenue Code, 1954 was a law for devolution of tenancy rights so as to be protected by section 4(2) of the Hindu Succession Act, 1956.

Analysis: The provision in question dealt with the succession to the interest of a tenure-holder and not with ordinary tenancy rights. Even assuming it could be brought within the wider saving clause, the section itself made devolution subject to the personal law of the deceased. The phrase "personal law" was construed as a general reference to the law in force when succession opened, and not as a frozen reference to the law existing when the Code was enacted. On that basis, the Hindu Succession Act, 1956 formed part of the applicable personal law at the time of the female holder's death.

Conclusion: The saving clause did not exclude the operation of the Hindu Succession Act, 1956, and section 151 of the Code had to yield to the law in force when succession opened.

Issue (ii): Whether the expression "heirs of the husband" in section 15 of the Hindu Succession Act, 1956 is to be determined with reference to the husband's death or with reference to the date of the female intestate's death.

Analysis: Section 15(2)(b) governed the succession because the property was inherited by the female intestate from her husband and she died issueless. Read with section 16, especially rule 3, the statute creates a fiction that the husband is deemed to have died intestate immediately after the female intestate's death. The heirs of the husband are therefore ascertained as on that date, by applying section 8 and the Schedule. On that footing, the respondent, being a sister's daughter and a preferential Class II heir, ranked ahead of the appellants, who were only agnates.

Conclusion: The respondent was the preferential heir and was entitled to succeed in preference to the appellants.

Final Conclusion: The appeal failed, and the decree in favour of the respondent was affirmed, with costs.

Ratio Decidendi: Where a statute refers generally to a deceased person's personal law, the reference adopts the law as it stands when succession opens; and under section 15(2)(b) read with section 16 of the Hindu Succession Act, 1956, the heirs of the husband are determined by deeming the husband to have died immediately after the female intestate's death.

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