Intestate succession exception excludes husband from inherited paternal property under Hindu Succession Act.

Section 15 of the Hindu Succession Act, 1956 governs intestate succession to a female Hindu's property. Although the husband is normally included among the heirs under section 15(1), section 15(2)(a) creates a specific exception for property inherited by a female Hindu from her father or mother. If she dies leaving no son, daughter, or child of any pre-deceased son or daughter, that property devolves on the heirs of the father rather than on the heirs listed in section 15(1). On that construction, the husband is excluded from inheriting such paternal property, and a decree granting him partition was held erroneous.

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Issues: Whether the husband of a female Hindu is excluded from succeeding to property inherited by her from her father or mother where she dies intestate and leaves behind a daughter.

Analysis: Section 15 of the Hindu Succession Act, 1956 governs succession to the property of a female Hindu dying intestate. While sub-section (1) places the husband among the first category of heirs, sub-section (2)(a) creates a non obstante exception for property inherited by a female Hindu from her father or mother. In such a case, where there is no son, daughter, or child of any pre-deceased son or daughter, the succession opens not to the heirs named in sub-section (1) but to the heirs of the father. The statutory scheme therefore excludes the husband from inheriting property of this character.

Conclusion: The husband was not entitled to a share in the property inherited by the deceased female Hindu from her paternal side, and the decree granting him partition was erroneous. The appeal succeeds and the decree in favour of the appellant is restored.

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