AIR 1969 BOMBAY 205 ::1969 Mah LJ 43 ::70 Bom LR 773 ::ILR (1969) Bom 252

Bombay High Court

Hon'ble Judge(s): Tarkunde, Deshpande , JJ

(A) Hindu Succession Act (30 of 1956) , S.15— Hindu widow inheriting lands from her second husband as sole heir - Her son by first husband is entitled to succeed to her property on her dying intestate after Act in preference to nephews and grand-nephews of her second husband. A son by the first husband of a female Hindu is entitled to succeed on her death to the property inherited by her as sole heir of her second husband, in preference to the nephews and grand-nephews of her second husband, under S. 15 of the Hindu Succession Act of 1956.(Para 1 11) The scheme of sub-section (1) of Section 15 at once shows that the property of Hindu females dying intestate is to devolve on her own heirs. The list of such heirs is enumerated in Section 15(1) clauses (a) to (e) who can be said to be nearer and dearer to the deceased female Hindu having regard to the current notions and conceptions about the closeness of the relationship. Sub-section (2) provides for exceptions only with regard to one source of acquisition viz., the inheritance, and then again the exception is confined to the property inherited by her either from her (1) father or mother or (2) from her husband or from her father-in-law. But in engrafting these two exceptions the Legislature has taken care to emphasise that these exceptions will operate only ....