ORDER 1. The present revision petition has come before this court on the recommendation made by the learned Commissioner, Shimla Division, vide ordered 28.10.1999 in revision petition No. 128/99 for exercising the revisional powers under H.P. Land Revenue Act. 2. Brief facts of the case are that the Assistant Collector 11nd Grade, Nalagarh attested the mutation No. 431 on 13.1.1999 of inheritance of Smt. Kishan Devi, pertaining to revenue village Lehi, Tehsil Nalagarh, Distt. Solan which was assailed in appeal before the Collector Nalagarh by Smt. Bholli one of the legal heirs of deceased Smt. Kishan Devi who alleged that at the property inherited though the said mutation belonged to her mother and came to her from her maternal grand father. She claimed that the respondent, who is her father, could not inherit any share in this property of her deceased mother. The learned Collector, Nalagarh vide order dated 30.6.1999 dismissed the appeal. Feeling-aggrieved by this order of the learned Collector, Smt. Bholi filed a revision petition before the Commissioner Shimla, Division who after hearing the parties, recommended the matter to the court for passing of an appropriate order. 3.I have heard the learned counsel for petitioner and Shri Puran Chand, respondent No.1. The recommendation and the record of the case have also been perused. The learned Divisional Commissioner, Shimla Division in his order dated 28.10.1999 has recommended as under: - "The perusal of record shows that the landed property in dispute was inherited by the deceased Smt. Kisan Devi from her parents. The Assistant Collector 11nd Grade while attesting the mutation should have examined the source of property to be succeeded by the legal heirs as the Hindu Succession Act, provides different modes of succession of females property inherited by her from her father or mother, from her husband or father-in-law or property obtained from any other sources. The property inherited from father or mother is governed under Section 15(2) of the Hindu Succession Act, 1956 and not under 15(1) as the Assistant Collector 11nd Grade has applied while attesting the mutation No.431 dated 13.1.1999. In case the deceased female has sons, daughters, sons and daughters of predeceased son and sons and daughters of predecessor daughter, the whole property shall be succeeded by them and the husband is not an heir in this category. In case the deceased female has sons, daughters, sons and daughters of predeceased son and sons and daughters of predecessor daughter, the whole property shall be succeeded by them and the husband is not an heir in this category. The learned Collector, Nalagarh has also arrived at the wrong conclusion that in the absence of son, the property of the deceased female shall be devolved upon daughter and the husband in equal share under Section 15(a) of the Hindu Succession Act whereas, in fact this Act puts both sons and daughters at par". 4. The legal position is crystal clear as per this order. Hence, the recommendation of the learned Divisional Commissioner is accepted and the orders of the Assistant Collector dated 13.1.1999 and the learned Collector dated 30.6.1999, are set aside. 5. The matter is remanded to the Assistant Collector, for fresh decision in accordance with the law, while keeping the orders of the Divisional Commissioner in view and giving opportunity to the parties to be heard. Announced in the open Court today the 27th May, 2006 at Solan. 6. The record of the courts below be returned and the case file of this court be consigned to the record room after due completion.