MANTI Vs. SARWATI DEVI

JUDGEMENT

(1.) THE respondents filed a suit claiming title in the suit property on the basis of inheritance to the estate of Dalip Chand and Mokhi who died issue-less. Pedigree table showing the relationship between the parties as mentioned in the judgment of the trial Court is extracted below :- Case of the plaintiffs (heirs of Fateh Chand) is that they were owners in possession of 1/3rd share of land measuring 212 kanals 8 marlas and land measuring 88 kanals 8 marlas and mutation pertaining to succession to the estate of deceased Dalip dated 20.1.1996 and mutation dated 29.6.1967 regarding succession to the estate of deceased Mokhi and gift deeds dated 3.7.1968 were erroneous and did not affect the rights of the plaintiffs. Case of the plaintiffs, further, was that common ancestor was Deyot Ram, who was owner of half share of total land and he had three sons namely Mata Chand (predecessor of the defendants who died on 25.3.1959), Fateh Chand and Dalip Chand (predecessor of plaintiffs who died issue-less on 9.6.1959). Mokhi, daughter of Deyot Ram died on 15.12.1965.

(2.) THE defendants contested the suit and stated that on the death of Deyot Ram, the property devolved upon Mata Chand, Fateh Chand and Dalip Chand in equal shares and after the death of Dalip Chand, widow of Mata Chand, who had predeceased Dalip Chand was also entitled to a share in the estate of Dalip Chand. It was further submitted that under Section 15(1)(d) of the Hindu Succession Act, 1956 (hereinafter referred to as the 1956 Act), estate of Mokhi is to be inherited by heirs of her father i.e. plaintiffs and defendants.

(3.) ON appeal, the suit of the plaintiffs was decreed having been held to be within limitation but finding about shares to be inherited was modified.