BABITA AND OTHERS Vs. SUMAN LATA

JUDGEMENT

(1.) Defendants-Appellants are in the regular second appeal against the judgment passed by the learned first appellate court partly decreeing the suit filed by the plaintiff-Suman Lata declaring her to be entitled to 1/5th share in the property.

(2.) In the present case, the dispute is only with regard to inheritance of property, which fell to the share of Dhanpati (mother of Narender Singh) (Narender Singh, died on 01.12.2007). Dhanpati has died without leaving any testament on 04.07.2014. In a previous civil court decree which has become final, Dhanpati has been declared owner of 1/25th share in the property left by Narender Singh.

(3.) Learned first appellate court after appreciating Sections 15 and 16 of the Hindu Succession Act, 1956 have held that Suman Lata is only entitled to 1/2 share in the property left by Dhanpati which she received from Narender Singh. Sections 15 and 16 of the Hindu Succession Act, 1956 are extracted as under:-