SMT. RAM KATORI Vs. SMT. PRAKASHWATI

JUDGEMENT

(1.) THIS is a Plaintiff's appeal arising out of a suit for declaration that the Plaintiff is entitled to a half share in the compensation bonds awarded after the abolition of zamindari rights. The suit was dismissed by the trial court and its decree was affirmed in appeal by the lower appellate court. The Plaintiff preferred a second appeal which came before one of us and in view of an important question of law arising in the case it was referred to a larger Bench and has now come before us. No one appeared on behalf of the Respondent before us. We requested Mr. Jagdish Swarup, a senior Advocate to this Court, to appear in the case as amicus curiae and we are indebted to him for the assistance given to us.

(2.) THE question for determination is whether a Hindu daughter, whose mother inherited a limited interest in the property left by her husband on his death and who (the mother) subsequently became its full owner after the passing of the Hindu Succession Act, succeeds to her mother's interest in the property on the latter's death to the exclusion of the daughter of her father by a predeceased wife.

(3.) IF the Hindu Succession Act (hereinafter called the Act) had not come into force both the daughters of Chandu Lal would have succeeded to the property left by him. It has to be seen whether the Act has made any difference as regards the rights of the two step -sisters who are parties to the suit in appeal. Under the Hindu Law prior to the coming into force of the Act a Hindu widow succeeded to her husband's property for her life only and after her death the property passed to the heirs of her deceased husband. The Act introduced a change in the rights of widows whose limited interest in the property after the coming into force of the Act has blossomed into absolute ownership. The question of the devolution of the said property of Ram Kali has to be considered in accordance with the provisions of the Act.