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3. The argument is that the property shall devolve upon the legal heirs of Shahaji. He submits that Shantabai expired without issue. Accordingly, he has invited our attention to Section 15 of the Hindu Succession Act, 1956, which reads thus:

"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 sub-

section (1) in the order specified therein, but upon the heirs of the husband."

4. As could be seen, Section 15 of the Act provides for general rule of succession in the case of female. Sub-section (1) provides that the 1 - WP - 7874 - 2014 (C).docx property of a female Hindu dying intestate shall devolve firstly upon the sons and daughters and the husband. The Sub-section (2) of Section 15, which commences with non-obstante clause, however, provides that the property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased, not upon the other heirs referred to in Sub-section (1), but upon the heirs of father.

5. In the present case, since Smt. Shantabai had no son and daughter, the property will devolve upon the legal heirs of her father namely Shahaji Kharade. This would mean that the other legal heir of Shahaji i.e. Sou. Nandbai Vitthal Sarate will be entitled to receive the share of Smt. Shantabai. Thus, according to him, the Petitioner has no locus to file petition.

6. The other argument is that the petition itself is not maintainable, since it arises out of a private contract, where the State authorities-Respondents Nos.1 to 3 have no role to play.