MADAN SINGH Vs. BOARD OF REVENUE AJMER

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner challenges the order passed by the Board of Revenue Ajmer, dt. 26.12.1996 (Annexure-6) in Appeal No. 69/96/Ceiling/Nagaur affirming the order passed by the Additional Collector, Nagaur dt. 18.3.96 (Annexure-5).

(3.) THE perusal of three orders disclose an apparent ignorance of the law on succession by Ceiling Authorities. THE succession opens on the death of an incumbent and takes place immediately on the death of the holder of the property. THE interest of the deceased in the property devolves immediately in accordance with personal law of succession. THE holdings of land in any capacity by the deceased Jait Singh will not make any difference on the right of legal heirs to succeed the property as heir of deceased on intestate succession cannot be denied on the ground that he had been given any property by way of maintenance. Right of maintenance is independent of right to succeed. Smt. Rasal Kanwar widow of Khangar Singh was one of the Class I female heir on the death of Jait Singh as widow of predeceased son of Jait Singh. It is also not in dispute that Jait Singh had died in 1957 after commencement of Hindu Succession Act, 1956. THE Hindu Succession Act recognises widow of predeceased son amongst Class I heir of any male Hindu dying intestate. It is true before commencement of Hindu Succession Act, a female was not an heir to a male Hindu in the presence of a male heir. In some circumstances she could acquire a limited estate in the property with the right of reversioners to ultimately succeed to such property on the death of such limited owner. Hindu Succession Act made a deviation. By enacting Sec. 14 it enlarged the existing limited interests of the females to full ownership, except where such limited interest was created under an agreement or by a testamentary instrument. So also it deviated from the Shastric Hindu Law in recognising females as heirs of deceased having equal share with males, including right to succeed to the undivided share of deceased male Hindu in the co-parcenery to a class of female heirs.