SURENDER SINGH Vs. PIRTHI SINGH

JUDGEMENT

(1.) The short question, which has been raised in this appeal is as to how property of a female Hindu after her death will devolve as per provisions of Sec. 15 of the Hindu Succession Act, 1956 (later referred to as 'the Act') on her heirs, which include children from her first marriage?

(2.) The case of plaintiff-respondent no. 1 as enumerated by learned counsel for the appellant during arguments is that Asha Ram had two sons, namely, Ganesha and Arjun Singh. Ganesha was married with Daulatia and from this marriage two sons, namely, Pirthi Singh and Kalu Singh were born. After death of Ganesha, Daulatia entered into kareva marriaged with his brother Arjun Singh and from this marriage, respondent no. 2-Kamla and Kasturi, mother of respondent no. 3-Panna were born. After death of Daulatia, property inherited by her from her husband Arjun Singh was mutated in the name of Kamla and Kasturi. Respondents no. 2 and 3 sold the suit property vide sale deed dtd. 22/11/2001 to appellant.

(3.) Taking note of above facts, learned Additional Civil Judge (Sr. Division), Hisar while dismissing suit for plaintiff observed in para 16 of his judgment as follows :-