Madhya Pradesh High Court
Smt. Jhugli Tekam vs Assistant Commissioner And Ors. on 9 May, 2003
Equivalent citations: AIR2004MP52, 2003(3)MPHT243, AIR 2004 MADHYA PRADESH 52, (2004) 1 HINDULR 238, (2003) 3 MPLJ 466, (2003) 4 RECCIVR 445, (2003) 3 MPHT 243, (2003) 11 ALLINDCAS 211 (MP)
ORDER S.K. Pande, J.
1. Being aggrieved by the order dated 9-10-2002 passed by the ADJ, Shahdol in MCA No. 15/2001, this revision under Section 115 of CPC is preferred by the petitioner.
2. Bhukia Bai was legally wedded wife of Kolai Singh, Savitri, Jhugli Bai are daughters of Late Bhukia. Savitri was unmarried and was in the employment of the State Government. On her death the applicant/petitioner filed an application under Section 372 of Indian Succession Act for issuance of succession certificate in the matter of debt security etc. of Late Savitri. The petition was resisted by non-applicant/respondents on the ground that Sonarin is another wife of Kolai Singh. From her, Mahesh, Malti, Mamta and Madhu are sons and daughters. Sonarin the step mother of Late Savitri and sons, daughters born from Sonarin, are also entitled to inherit the property left by Savitri. In succession Case No. 20/2000, Civil Judge Class-I, Shahdol directed issuance of succession certificate to the petitioner/applicant to the extent of l/6th share in the debt security etc. of Late Savitri Bai. Being aggrieved by this order, petitioner/applicant preferred MCA No. 15/2000 in the Court of ADJ. The appeal was disposed of vide order dated 9-1-2002 recording a finding that Sonarin being step mother of Late Savitri would not be entitled to inherit the property of Late Savitri, however, children born of step mother Sonarin are entitled to inherit. Accordingly, the order passed by the Civil Judge, Class-I in Succession Case No. 20/2000 was modified and applicant/petitioner was made entitle to inherit l/5th share in the property left by Late Savitri. It has been contended that the Court below wrongly proceeded to pass order declaring entitlement of issues from step mother with reference to Sections 15 and 16 of the Hindu Succession Act. Section 18 of the Hindu Succession Act applies in the instant case and applicant/petitioner alone is entitled to seek a succession certificate as applied under Section 372 of Indian Succession Act.
3. Bhukia was legally married wife of Kolai Singh. Savitri and applicant/petitioner Jhugli Bai were born from Bhukia Bai, therefore, Savitri and applicant/petitioner are real sisters. Sonarin is another wife of Kalai Singh from whom respondent Mahesh, Malti, Mamta and Madhu were born. Sonarin, therefore, is step mother and children born from her were not real brothers and sisters of Savitri. Section 15 of the Hindu Succession Act reads as under:--
(15) (1) The property of a female Hindu dying intestate shall devolve according to the rule set out in Section 16.
(d) Fourthly, upon the heirs of the father.
4. With reference to Section 15(1)(d) of Hindu Succession Act the Court below has ignored the claim of Sonarin and accepted the applicant/ petitioner to be entitled to the extent 1/5th share only. Section 18 of Hindu Succession Act is to the effect that heirs related to an intestate by full-blood shall be preferred to heirs related by half-blood, if the nature of the relationship is the same in every other respect. The rule laid down in Section 18 is supplementary to the provisions in Sections 5 to 17. The rule is not merely explanatory but lays down substantive rule involving legal principles. It is plain that full brother is preferred to half brother and full sister is preferred to half sister. In the judgment reported in AIR 1963 Mysore 168, it has been made clear that full sister of deceased shall the sole heir. The half sister-brother, therefore, would be excluded with reference to Section 18 of the Hindu Succession Act. The instant case is covered under Section 18 of the Hindu Succession Act. The applicant/petitioner Jhugli is real sister (full blood) of Late Savitri. Whereas Sonarin being step mother, the children born from her would be step brothers arid sisters (half blood) of Late Savitri, therefore, applicant/petitioner alone is heir of Late Savitri. Application under Section 372 of the Indian Succession Act presented by her in Succession Case No. 20/2002 in the Court of Civil Judge, Class-I, Shahdol, ought to have been allowed.
5. Accordingly, revision succeeds. Orders impugned are set aside. Instead, application under Section 372 of Indian Succession Act filed by the applicant/petitioner Jhugli Bai is allowed. Succession Certificate in appropriate form accordingly be issued to her in respect of debt security etc. of Late Savitri Bai. Parties to bear their costs. Counsel fee as per rules or certificate (whichever is less).