RADHIKA Vs. AGHNU RAM MAHTO

JUDGEMENT

(1.) THE appellant is the daughter of the respondent through second wife. Admittedly, her mother inherited the properties of her maternal grandfather. The appellant is the only issue to her mother. When her mother died intestate, the respondent -husband filed the partition suit No. 39 of 1979 in the Court of Special Sub -Judge, Ranchi claiming half the share as class -l heir of his wife. The trial Court dismissed the Suit on the ground that during the life time of the mother of the appellant, she had bequeathed the properties to the appellant under a gift deed and that therefore, the decree cannot be granted as she died after she was divested of her possession. On appeal, the District Judge reversed the decree and held that the gift is not valid and that the appellant and respondent are class -l heirs and decreed the suit for partition in equal moiety. In Second Appeal No. 17/82, by Judgment of Decree dated 9.11.1983 the High Court dismissed the same. Thus, this appeal by special leave.

(2.) THE facts are not in dispute, namely, the mother of the appellant inherited the suit property from her father. Section 15 of the Hindu Succession Act, 1956 regulates the succession to the estate of female Hindus. Sub -section (1) provides that "the property of a female Hindu dying intestate shall devolve according to the rules set out in section 16 m__