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5. The issue raised in the case turns on the rules of succession to a property of a female dying intestate. The mode of succession has been prescribed under Section 15 of the Act. Section 15 has to be read along with Section 16. They in turn have to be read along with the provisions of Section 8. The property devolving upon the State has been provided under Section 29 of the Act.

6. Section 15 is important and it may be read in full :

"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 pre-deceased 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;
(e) lastly upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1)-
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased 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 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 pre-deceased son or daughter) not upon the other heirs referred to in subsection (1) in the order specified therein, but upon the heirs of the husband."

7. Sub-section (1) of Section 15 groups the heirs of a female intestate into five categories and they are specified under clauses (a) to (e). As per Section 16 Rule 1 those in one clause shall be preferred to those in the succeeding clauses and those included in the same clause shall take simultaneously. Sub-section (2) of Section 15 begins with a non obstante clause providing that the order of succession is not that prescribed under subsection (1) of Section 15. It carves out two exceptions to the general order of succession provided under sub-section (1), The first exception relates to the property inherited by a female Hindu from her father or mother. That property shall devolve, in the absence of any son or daughter of the deceased (including the children of the pre-deceased 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 father. The second exception is in relation to the property inherited by a female Hindu from her husband or from her father-in-law. That property shall devolve, in the absence of any son or daughter of the deceased (including the children of the pre-deceased son or daughter) not upon the other heirs referred to under sub-section (1) in the order specified thereunder but upon the heirs of the husband.

10. Counsel for the State argued that the property of the intestate has to be dealt with only under sub-section (2) of Section 15, and since there is no heir in that category the property shall devolve on the Government under Section 29.

11. "Section 29 provides as follows :

"ESCHEAT "Failure of heirs -- If an intestate has no heir qualified to succeed to his or her property in accordance with the provisions of this Act, such property shall devolve on the Government : and the Government shall take the property subject to all the obligations and liabilities to which an heir would have been subject."