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CIVIL APPELLATE JURISDICTION: Special Leave Petition (Civil) No. 2730 of 1987.

From the Judgment and Order dated 8.12.1986 of the Punjab and Haryana High Court in R.S.A No. 1773 of 1986 (0 & M).

K.G. Bhagat and Sunil K. Jain for the Appellants. The Judgment of the Court was delivered by VENKATARAMIAH, J. The short question which arises for consideration in this case is whether under the provisions of the Hindu Succession Act, 1956 (hereinafter referred to as 'the Act') a step-son of a female dying intestate is entitled to claim a share in her property simultaneously with her son. In other words the question involved is wheth- er the word 'sons' in clause (a) of sub-section (1) of section 15 of the Act includes 'step-sons' also. The facts involved in this Special Leave Petition are thus. One Battan Singh who was also known as Badan Singh had two wives, namely, Mahan Kaur and Khem Kaur. Mahan Kaur died during his life time after giving birth to two sons Lachman Singh (petitioner) and Gurdas Singh from the loins of Battan Singh. Respondent No. 1 Kirpa Singh is the son of Battan Singh and Khem Kaur. Gurdas Singh died during the life time of Battan Singh leaving behind his widow Gurbux Kaur and his son Amarjit Singh. Battan Singh died intestate after the Act came into force. On his death his property devolved on his heirs including his second wife Khem Kaur in accordance with the provisions of the Act. Thereafter Khem Kaur died. On her death dispute arose between her son Kirpa Singh on the one side and Lachman Singh, Amarjit Singh and Gurbux Kaur on the other. Kirpa Singh claimed the entire property left behind by Khem Kaur on the ground that he was the only son of Khem Kaur. Lachman Singh, Amar- jit Singh and Gurbux Kaur claimed that Kirpa Singh was entitled to only one-third share in the property of Khem Kaur, Lachman Singh was entitled to one-third share and Amarjit Singh, who was the son of Gurdas Singh, was entitled to the remaining one-third share. Both the parties relied upon clause (a) of section 15(1) of the Act. While Kirpa Singh contended that the word 'sons' in section 15(1)(a) of the Act meant only sons born of the body of the Hindu female dying intestate the others contended that the word 'sons' in that clause included stepsons also. In view of the above dispute Kirpa Singh filed a suit on the file of the Sub- Judge 1st Class, Nakodar in the District of Jalandhar inter alia for a declaration that he was entitled to the entire property belonging to Khem Kaur against Lachman Singh, Amarjit Singh and Gurbux Kaur who contested the suit. The trial court vide its judgment dated February 18, 1984 de- creed the suit declaring that Kirpa Singh was entitled to the property belonging to Khem Kaur. Lachman Singh preferred an appeal against the decree of the trial court in R.C.A. No. 202 of 1985 on the file of the learned Additional Dis- trict Judge, Jalandhar. That appeal was dismissed on Febru- ary 19, 1986. The second appeal filed by him against the judgment of the Additional District Judge, Jalandhar, in R.S.A. No. 1773 of 1986 on the file of the High Court of Punjab & Haryana was also dismissed in limine on December 8, 1986. Aggrieved by the judgment of the High Court Lachman Singh has filed this petition for special leave under Arti- cle 136 of the Constitution of India.

Section 15 of the Act, which is relevant for purposes of this case, reads thus:

"15(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;
(c) thirdly, upon the mother and father;
(d) fourthly, 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 predeceased son or daugh- ter) not upon the other heirs referred to in sub-section (1) in the order specified there-

in, but upon the heirs of the husband.

Section 15 of the Act deals with the general rules of suc- cession in the case of female Hindus. Sub-section (1) of section 15 provides that the property of a female Hindu dying intestate shall devolve according to the rules set out in section 16 of the Act firstly, upon the sons and daugh- ters (including the children of any predeceased son or daughter) and the husband; secondly, upon the heirs of the husband; thirdly, upon the mother and father; fourthly, upon the heirs of the father; and lastly, upon the heirs of the mother. Sub-section (2) of section 15 of the Act arises for consideration only when a female Hindu dies intestate leav- ing property without leaving behind her any son or daughter (including the children of any predeceased son or daughter) and in that event any property inherited by her from her father or mother shall devolve not upon the other heirs referred to in sub-section (1) of section 15 of the Act in the order specified therein but upon the heirs of the father and any property inherited by her from her husband or from her father-in-law shall devolve not upon the other heirs referred to in sub-section (1) of section 15 in the order specified therein, but upon the heirs of the husband, Rule 1 of section 16 provides that among the heirs specified in sub-section (1) of section 15 those in one entry shah be preferred to those in the succeeding entry and those includ- ed in the same entry shall take simultaneously. It is not necessary to refer to rule (2) and Rule (3) of section 16 of the Act for purposes of this ease.

(a) of section 15(1) of the Act would be unfair as they would thereby be deprived of a share in the property of their father is again not well-founded. The rule of devolu- tion in section 15 of the Act applies to all kinds of properties left behind by a female Hindu except those dealt with by clauses (a) and (b) of section 15(2) which make a distinction as regards the property inherited by her from her parents and the property inherited from her husband or father-in-law and that too when she leaves no sons and daughters (including children of predeceased sons and daugh- ters). If the construction placed by the High Court of Allahabad is accepted then the property earned by the female Hindu herself or purchased or acquired by her would devolve on step-sons and stepdaughters also along with her sons and daughters. Is it just and proper to construe that under clause (a) of section 15(1) of the Act her stepsons and step-daughters, i.e., children of the husband by another wife will be entitled to a share along with her own children when the Act does not expressly says so? We do not think that the view expressed by the High Court of Allahabad represents the true intent of the law. When once a property becomes the absolute property of a female Hindu it shall devolve first on her children (including children of the' predeceased son and daughter) as provided in section 15(1)(a) of the Act and then on other heirs subject only to the limited change introduced in section 15(2) of the Act. The step-sons or step-daughters will come in as heirs only under clause (b) of section 15(1) or under clause (b) of section 15(2) of the Act. We do not, therefore, agree with the reasons given by the Allahabad High Court in support of its decision. We disagree with this decision. In the circumstances, we hold that the High Court of Punjab and Haryana against whose decision this petition is filed was right in affirming the decree passed in favour of Kirpal Singh, Respondent No. 1 herein.