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8. This order of the Trial Court is challenged in both these Writ Petitions by the Petitioners, who are sons of the Original Plaintiff No.1, namely, Sunil Thadhani and Haresh Thadani.

9. The submission of learned counsel for the Petitioners is that, under Section 15(2)(a) of the Hindu Succession Act, 1956, (for short, "the Succession Act"), the husband cannot claim any right in the property inherited by a 'female Hindu' from her father or mother, as it can devolve only upon her children or children of her predeceased son and WP-13710-17-296-18.doc daughter and only in their absence, it will devolve upon the husband or his legal heirs. Here in the case, it is submitted that, the assets of the Partnership Firm, which is the suit property, were inherited by deceased Komal from her father and, therefore, under Section 15(2)(a) of the Succession Act, her daughter alone can claim right therein. Her husband cannot have any right in the said property. Hence, he is not a necessary party to the Suit.

"15. General rules of succession in the case of female Hindus.-
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,-
(a) firstly, upon the sons and daughters (including the children of any predeceased son or daughter) and the husband.
(b) secondly, upon the heirs of the husband.

19. The plain reading of Section 15, thus, makes it explicitly clear that, only in the absence of a son or daughter or children of the predeceased son or daughter, the property inherited by a 'female Hindu' from her paternal side will devolve, as per Section 15(1) of the Succession Act. In all other cases, it will devolve only on her children or the children of her predeceased son or daughter. Hence, for husband to inherit her property, under Section 15(1) of the Succession Act, it is essential that, she must have died issue-less, then only, the property will devolve on him, in the order laid down in Section 15(1) of the Succession Act. Otherwise, it will devolve as per the order laid down in Section 15(2)(a) of the Succession Act. The wording of Section 15(2)(a) of the Succession Act is very clear to that effect. As the husband stands in the 'Class of Heirs', laid down in Section 15(1)(a), he can succeed to such property, WP-13710-17-296-18.doc only when she has died in absence of her children or children of her predeceased son or daughter.

20. In this respect, this Court can usefully refer to the earlier decision of the Apex Court in the case of Dandapani Chettiar Vs. Balasubramanian Chettiar (Dead) by LRs. and Others, (2003) 6 SCC 633, wherein, in paragraph No.10, it was held as follows :-

"10. Sub-section (2) of Section 15 carves out an exception in case of a female dying intestate without leaving son, daughter or children of a predeceased son or daughter. In such a case, the rule prescribed is to find out the source from which she has inherited the property. If it is inherited from her father or mother, it would devolve as prescribed under Section 15(2)(a). If it is inherited by her from her husband or father-in-law, it would devolve upon the heirs of her husband under Section 15(2)(b). The clause enacts that in a case where the property is inherited by a female from her father or mother, it would devolve not upon the other heirs, but upon the heirs of her father. This would meant hat, if there is no son or daughter, including the children of any predeceased son or daughter, then, the property would devolve upon the heirs of her father. Result would be - if the property is inherited by a female from her father or her mother, neither her husband nor his heirs would get such property, but it would revert back to the heirs of her father."