TaxTMI 
TaxTMI 
2001 (11) TMI 76
X X X X Extracts X X X X
X X X X Extracts X X X X
....ut he did not choose to appear and defend the appeal. Teja Singh died on December 1, 1986. But no steps were taken to implead the legal heirs of Teja Singh. The original appellant Bhagat Ram also died and his legal heirs/representatives were brought on record on November 20, 1985. When the appeal was heard by this court on March 31, 1999, it was not brought to the notice of this court that Teja Singh had already passed away on December 1, 1986. After the appeal was disposed of, the legal heirs of Teja Singh filed an application to get them selves impleaded in this appeal for an opportunity of hearing. This court, however, thought it expedient to offer an opportunity of hearing by reason of the factum of the original respondent being not h....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ceased husband. He filed a suit alleging that, on the death of Smt. Santi in 1960, the property in question devolved on him by virtue of clause (b) of sub-section (1) of section 15 of the Hindu Succession Act, 1956. The trial court decreed the suit filed by Teja Singh. The appeal filed against the said decree was dismissed. Bhagat Ram (deceased) then preferred the second appeal before the High Court, which was also dismissed. The High Court held that the property held by Smt. Santi on her death devolved on Teja Singh who was the brother of the predeceased husband of Smt. Santi. However, on appeal, this court by its judgment dated March 31, 1999, held that the property held by Smt. Santi was the property inherited by her from her mother; the....
X X X X Extracts X X X X
X X X X Extracts X X X X
....n the heirs of the husband." The learned senior counsel for the respondents Mr. Jaspal Singh, contended that Smt. Santi acquired property from her mother, Smt. Kirpo who died on December 25, 1951, and at that time Smt. Santi had only a limited right over this property, but by virtue of section 14(1) of the Hindu Succession Act, she became the full owner of the property and, therefore, on her death, the property held by her would be inherited by her legal heirs as per the rule set out in section 15(1) of the Act. The learned senior counsel further contended that prior to the Hindu Succession Act, Smt. Santi had only a limited right but for section 14(1) of the Act, it would have reverted to the reversioners and such a limited right became ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ore important for the purpose of devolution of her property. We do not think that the fact that a female Hindu originally had a limited right and later, acquired the full right in any way, would alter the rules of succession given in sub-section (2) of section 15. A question of similar nature was considered by this court in Bajya v. Smt. Gopikabai, AIR 1978 SC 793. In that case, the suit land originally belonged to G, son of D.G died before the settlement of 1918, and thereafter, this land was held by his son, P, who died in the year 1936. On P'S death, the holding devolved on P's widow, S. S. died on November 6, 1956, and thereupon dispute about the inheritance to the land left behind by S, arose between the parties. The plaintiff claime....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... was held that it is important to remember that a female Hindu being the full owner of the property becomes a fresh stock of descent. If she leaves behind any heir either under sub-section (1) or under sub-section (2) of section 15, her property cannot be escheated. In Smt. Amar Kaur v. Smt. Raman Kumari, AIR 1985 Punjab and Haryana 86, a contra view was taken by the High Court of Punjab and Haryana. In this case, a widow inherited property from her husband in 1956. She had two daughters and the widow gifted the entire property in favour of her two daughters. One of the daughters named Shankari died without leaving husband or descendant in 1972. Her property was mutated in favour of her other sister. At the time of death of Shankari, her ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....rporated on the recommendations of the Joint Committee of the two Houses of Parliament. The reason given by the Joint Committee is found in clause 17 of the Bill, which reads as follows: "While revising the order of succession among the heirs to a Hindu female, the joint Committee have provided that, properties inherited by her from her father reverts to the family of the father in the absence of issue and similarly property inherited from her husband or father-in-law reverts to the heirs of the husband in the absence of issue. In the opinion of the joint Committee such a provision would prevent properties passing into the hands of persons to whom justice would demand they should not pass." The source from which she inherits the propert....