(1.) THE question raised in this civil revision petition is about the interpretation of Section 18 of the Hindu Succession Act, hereinafter referred to as the Act. O. P. 11 of 1966 on the file of the Additional District Munsif, Salem, is one for the grant of succession certificate in respect of collection of certain debts left by one Ramaswami. The claimants are his sisters, by name Lakshmi and Sellammal. Ramaswami, since deceased. Lakshmi and Sellammal are the children of one Koocha Gounder through the second wife one Ramavee Ammal. The said Koocha Gounder begot theree other children through his first wife Kaveri alias Kapadiammal and they are Vellaya Gounder, Chinna Gounder and Veeri Animal. These three children, through the first wife, who are the half brothers and half sisters of deceased Ramaswami resisted the claim for succession certificate contending that the certificate should be issued not only in favour of the two full sisters of Ramaswami but also in their (half brothers' and half sister's) favour. Ramaswami did not leave any class I heir. His father had also predeceased him. His brothers and sisters are the only near relations left by him and they come under Entry II, Class II of the schedule. They would take the estate of Ramaswami simultaneously, but only subject to the provisions contained in Section 18 of the Act which excludes half blood in preference to full blood. The District Munsif interpreted Section 18 in such a way that he held that only Veeriammal, the step sister would be excluded but the two step brothers of Ramaswami cannot be excluded in succeeding to the estate of the deceased. The claimants, namely, the two full sisters of Ramaswami (one of the claimants died and her legal representatives came to be added) filed A. A. 361 of 1970 on the file of the District Judge, Salem, and the learned Additional District Judge held that even the two step brothers are excluded as against the two full sisters of deceased Ramaswami in succeeding to his estate. The succession certificate had been ordered to be granted only in favour of the claimants. As against this, the two step brothers of Ramaswami have filed the present revision petition.
(2.) SECTION 18 of the Act is as follows -
(3.) AS pointed out by Mulla in the 13th Edition at page 852. Section 18 is a substantial reproduction of the rule of Hindu Law. whereby relations of the whole blood are preferred to those of the half blood. It is pointed out there that the section lays down a rule of general applicability to heirs male and female alike. The learned author had stated that the words 'if the nature of the relationship is the same in every other respect' may require judicial interpretation. After stating this, the author gives his own view on the matter and points out that the section speaks of the nature of the relationship being the same and it would seem that in all such cases heirs related to an intestate by full blood would be preferred to heirs related by half blood having regard, inter alia, to the nature of relationship indicated in the scheme of the Act itself. The author concludes -