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Showing contexts for: devolved in Durga Prasad vs Narayan Ram Chandaani (D) Thr. Lr on 7 February, 2017Matching Fragments
“Section 15. General rules of succession in the case of female Hindus ………… Notwithstanding anything contained in sub-section (1),-
(a)……….
(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 daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.” The exception carved out in Section 15(2)(b) provides for a special order of succession in case of property inherited by her from her husband or her father-in-law; but its operation is confined to the case of her dying without leaving a son or a daughter or children of pre-deceased children to inherit her property. Language used in the section clearly specifies that the property inherited from the husband and father-in-law would devolve upon the heirs of husband/father-in-law from whom she inherited the property. We may usefully refer to the decision of this Court in the case of V. Dandapani Chettiar v. Balasubramanian Chettiar (Dead) by Lrs. And Others, (2003) 6 SCC 633, and the relevant para reads hereunder:-
"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 mean that 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."
12. In the present case, the suit property was taken on rent by the father-in-law of deceased tenant-Lalita that is Hem Ram Sharma and after his death, his son Baldev (husband of Lalita) became tenant of the suit property. Upon his death, Lalita became the tenant of the suit property. Upon death of Lalita, in terms of Section 15(2)(b) of the Hindu Succession Act, in the absence of any son or daughter of deceased Lalita, the tenancy would devolve upon the heirs of her husband. Since the appellant does not fall under the category of ‘heir’ of Lalita’s husband, the tenancy of the suit property will not devolve on him nor can he be called as an ‘heir’ under Section 3(a) of the U.P. Act XIII of 1972.
16. Learned counsel for the appellant placed reliance on Ganesh Trivedi (supra), wherein this Court found, as a matter of fact, that brother was residing in the tenanted premises and, therefore, tenancy rights will devolve upon him on the death of original tenant within the meaning of Section 3(a)(g) read with Section 12(1)(b) of the U.P. Act XIII of 1972. This is evident from the following observation made in paras (9) and (10) of judgment which are reproduced as under: