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2020 DIGILAW 75 (GAU)

Amola Saikia v. Pankajit Narayan Konwar

2020-01-23

ACHINTYA MALLA BUJOR BARUA

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JUDGMENT : Achintya Malla Bujor Barua, J. 1. Heard Mr. R. Singha, learned counsel for the appellants and Mr. A.U. Upadhyay, learned counsel for the respondent. 2. The respondent filed an application under Section 372 of the Indian Succession Act for grant of a succession certificate in respect of certain properties left behind by his deceased wife namely Nilakshi Saikia, who died issueless on 04.12.2010. The claim of the husband was allowed by the judgment dated 10.06.2015 in Misc(S/C) Case No. 56/2011 in the Court of the learned Additional District Judge, FTC, Darrang, Mangaldoi. The appellants herein, had contested the proceedings under Section 372 of the Indian Succession Act before the learned Additional District Judge, FTC, Darrang, Mangaldoi claiming that they respectively are the mother, sisters and brother of the deceased Nilakshi Saikia and therefore, they also have a share in the properties left behind by the deceased. The claim of the appellants stood rejected by the learned Additional District Judge, FTC, Darrang, Mangaldoi by relying upon the provisions of Section 15 of the Hindu Succession Act, 1956. Being aggrieved, the present appeal has been preferred. 3. It is stated that during the pendency of the appeal, the appellant No. 1 Amola Saikia, who was the mother of deceased Nilakshi Saikia died. Consequently, the appeal stands abated in respect of the appellant Amola Saikia. In the circumstance, the only question to be decided is whether as per the category of heirs provided in Section 15 of the Hindu Succession Act, 1956, it is the husband of the deceased female Hindu dying intestate who will be entitled to her properties or the mother and the brothers and sisters of the deceased female Hindu would also be entitled to a share of the property. Section 15 of the Hindu Succession Act, 1956 is 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 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 predeceased 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. Section 15(1)(a) clearly provides that the property of a female Hindu dying intestate shall devolve firstly upon the sons and daughters (including the children of any predeceased son and daughter) and the husband. 15(1)(c) on the other hand provides that thirdly, the property would devolve upon the mother and father and Section 15(1)(d) provides that fourthly upon the heirs of the father and Section 15(1)(e) provides that lastly upon the heirs of the mother. Accordingly, the mother of the deceased female Hindu would be the third category of heirs entitled to the property whereas the sisters and brothers of the deceased female Hindu can either be the fourth category or fifth category of legal heirs. 5. In view of the specific categorization of the legal heirs provided under Section 15(1) of the Hindu Succession Act, 1956, we are of the view that the husband of the deceased female Hindu dying intestate would be the first category legal heir, who would be entitled to the property. In view of the specific legal provision, we find no infirmity in the judgment of the learned Additional District Judge, FTC, Darrang, Mangaldoi dated 10.06.2015 passed in Misc (S/C) Case No. 56/2011. 6. Accordingly, the appeal stands dismissed. 7. Send back the LCR immediately.