1994 (9) TMI 64

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.... her maternal grandfather. The appellant is the only issue to her mother. When her mother died intestate, the respondent-husband filed Partition Suit No. 39 of 1979, in the Court of the Special Sub-judge, Ranchi claiming half the share as a class-I heir of his wife. The trial Court dismissed the suit on the ground that during the lifetime of the mother of the appellant, she had bequeathed the prop....

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....ing to the rules set out in s. 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; and so on in the order specified But sub-s. (2) with non obstante clause excludes the applicability of sub-s. (1). Clause (a) of sub-s. (2) provides that: "(a) any property inherited by a f....

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....ased son or daughter of the Hindu female alone are entitled to get such property. Thus, the husband stands excluded from the succession to the property inherited by a female Hindu from her father's side. Accordingly, we hold that since the mother of the appellant had inherited the suit property from her grandfather, her husband-respondent stood excluded from intestate succession to the estate left....