1984 (1) TMI 345

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.... death his agricultural land was mutated in favour of his Smt. Dhanti. On 27th Nov. 1948 Smt. Dhanti gifted the entire estate in favour her two daughters and the mutation of gift was duly sanctioned. Both the daughters survived the enforcement of Hindu Succession Act, 1956 (hereinafter referred to as 'the Act'). On 4th February, 1972, Smt. Shankari died without leaving husband or a descend....

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....nding that on the basis of gift, she became the owner of the property and since gift did not amount to acceleration of succession, it could not be held that the property was inherited by her from her mother or father, and, therefore, S. 15(2) of the Act was not applicable. This is second appeal by Smt. Amar Kaur. 4. It cannot be disputed that in 1946 when Ram Chand died, if the parties were gover....

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....er. In law it would be deemed that she become full owner of this property by virtue of the Act. On these facts it is to be seen whether S. 15(1) of the Act will apply or S. 15(2) of the Act will apply. S. 15(2) of the Act will apply only when inheritance is to the estate left by father or mother, in the absence of which, S. 15(1) of the Act would apply. Under S. 15(1) of the Act, the heirs off the....