JUDGMENT 1. - Heard learned counsel for the parties. 1. The respondent filed an application under Section 370 of the Indian Succession Act, 1925 for the grant of succession certificate in respect of the property mentioned in the schedule left behind by one Smt. Gyarsi. 2. The respondent claimed that Smt. Gyarsi wife of Ramdev died on 27.04.1997 leaving certain cash amount in the savings bank account with the Punjab National Bank, Phulera, District Jaipur as well as certain amounts in the provident fund and gratuity amount. It was submitted that she died intestate. 3. The respondent claimed that she was the daughter of Ramdev from his first wife and deceased Smt. Gyarsi Devi died without any issue of her own. She, therefore, claimed that she is entitled to the grant of succession certificate being the only heir of Smt. Gyarsi. 4. The appellant contested the above application and submitted that Smt. Gyarsi died without any issue of her own and that Smt. Gheesi, the respondent, was the daughter of Ramdev, husband of Smt. Gyarsi from his previous wife. The appellant submitted that he was the brother of Smt. Gyarsi Devi and that Smt. Gyarsi resided with him all along and she looked after him as her own son. 5. So far as the facts are concerned, the findings are not in dispute. 1 6. The crux of the matter lies in the light of the Section 15 of the Hindu Succession Act, 1955. Section 15 of the Hindu Succession Act reads as follows- "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 mother and father (d) fourthly, upon the heirs of the father, and (e) lastly, upon the heirs of the mother. (b) secondly, upon the heirs of the husband. (c) thirdly, upon 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." 7. The respondent being the heir of the husband, Ramdev would fall in the category of heirs under clause (b) of sub-section (1) of Section 15 and the appellant, on the other hand, would fall in the category of heirs under clause (d) of sub-section (1) of Section 15 of the Hindu Succession Act being the brother of deceased and heir of the father of the deceased. 8. As per Section 16 of the Hindu Succession Act, among heirs specified in sub-section (1) of Section 15 of the Hindu Succession Act those in the earlier entry shall be preferred in those in the succeeding entry and, therefore, the respondents being in the category of clause (b) would be preferred to the appellant who would fall under clause (d) of sub-section (1) of Section 15 of the Hindu Succession Act. 9. In that view of the matter, there is no force in this appeal and the same is consequently dismissed summarily. The stay application also stands dismissed. The record be returned to the learned court below forthwith.Appeal summarily dismissed. *******