AMAR KAUR Vs. RAMAN KUMARI

JUDGEMENT

(1.) Ram Chand was the original male-holder, who died on 6th Dec. 1946 leaving his widow Smt. Dhanti and two daughters Shankari and Amar Kaur. On his death his agricultural land was mutated in favour of his wife Smt. Dhanti. On 27th Nov. 1948 Smt. Dhanti gifted the entire estate in favour of her two daughters and the mutation of gift was duly sanctioned. Both the daughters survived the enforcement of Hindu Succession Act, 1956 (hereinafter referred to as 'the Act'). On 4th February, 1972, Smt. Shankari died without leaving husband or a descendant. Her estate was mutated in favour of her sister Amar Kaur. At the time of death of Shankari Kahan Chand her husband's son, from another wife was alive, who died on. 5th Oct. 1972 leaving behind his widow and children. His widow and children filed the present suit on Ist November, 1973 to claim succession of the estate left by Smt. Shankari on the basis of the gift from her mother and claimed that the inheritance to her was to be governed by S.15(1)of the Act.

(2.) Smt. Amar Kaur contested the suit and pleaded that Shankari has succeeded to the estate of her mother/father and, therefore S.15(2) of the Act was applicable and not S.15(1) of the Act, inasmuch as the gift has to be considered as acceleration of succession.

(3.) Both the Courts below decreed the suit after recording a finding that on the basis of gift, she became the owner of the property and since gift did not amount to acceleration of succession, it could not be held that the property was inherited by her from her mother or father, and, therefore, S.15(2) of the Act was not applicable. This is second appeal by Smt. Amar Kaur.