AIR 2000 SUPREME COURT 745 ::2000 AIR SCW 285 ::2000 ALL. L. J. 491 ::(2000) RevDec 157 ::2000 (2) SCC 528 ::(2000) 1 Scale 319 ::2000 (125) Pun LR 158 ::2000 (2) All CJ 930 ::(2000) 38 All LR 789 ::2000 (2) All WC 919 ::(2000) 2 Pun LR 158 ::2000 (2) SCJ 496 ::2000 (2) LRI 289 ::(2000) 1 Supreme 371 ::2000 (2) SRJ 336 ::(2000) 1 JT 352 (SC) ::2000 (1) JT 352

Supreme Court Of India

(From : 1998 Rev Dec 328 (Allahabad))

Hon'ble Judge(s): M. Jagannadha Rao, Ajay Prakash Misra , JJ

Uttar Pradesh Zamindari Abolition and Land Reforms Act (1 of 1951) , S.172(2)(a)(i), S.172(2)(a)(ii)— Female Hindu Bhumidhar - Inheriting property from male i.e. her father - Would inherit as limited owner inasmuch as case was not governed by Bombay School of Hindu Law - Death of female before coming into force of Hindu Succession Act, S. 172 (2)(a)(i) would apply and not S. 172 (2) (a) (ii) - Property would thus devolve by survivorship on her co-tenure holders and not in her husband. The distinction between the two clauses of S. 172 (2) (a) are that under (i) inheritance would be governed by Section 171 if under the personal law a female Bhumidhar was entitled to a life estate. If on the other hand, under the personal law if she was entitled to hold such estate absolutely, then inheritance would be governed by the Table under Section 174. Thus when a female Bhumidhar dies, first it has to be ascertained what would be her legal right under the personal law. Both sub-sections of Section 172 (2) (a), viz. (i) and (ii) speak about the personal law. This personal law may be different to different classes of females, viz. Hindu, Muslim, Christians or Sikh and even among Hindu females the personal law would differ in accordance with the Bengal, Banaras, Mithila, Bombay or Madras School. Varying consequences will ensue in terms of their right under it. Thus, after ....