1999 (3) TMI 75

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....India. Smt. Kirpo, widow of Kehar Singh, was allotted suit land in lieu of the land left behind by her in Pakistan. In 1951, she died leaving behind two daughters who remained in possession of the suit land. Thereafter, the Hindu Succession Act, 1956, came into force. Some time in 1961 one of the sisters Santi died. In 1963, mutation on the entire land was made in favour of Indro, the other sister. On March 2, 1963, Indro entered into an agreement to sell this land in dispute, with the present appellant. It seems that subsequently as Indro tried to retract from the said agreement to sell, the present appellant had to file a suit for specific performance which was decreed in the appellant's favour. This led to the filing of the present sui....

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.... (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 Hindu 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 in sub-section (1) in the order specified therein, but u....