MT SAHODRA Vs. RAM BABU

JUDGEMENT

(1.) The question of law that arises for consideration in the present appeal is whether the words "sister's son" in Section 2, Hindu Law of Inheritance (Amendment) Act (Act 2 of 1929), include the -son of a half-sister. Section 2 of the said Act runs as follows: A son's daughter, daughter's daughter, Sister and sister's son shall, in the order so specified, be entitled to rank in the order of succession next after a father's father and before a father's brother. Provided that a sister's son shall not include a son adopted after the sister's death.

(2.) There is no dispute about the facts which would be clear by a reference to the following pedigree:

(3.) Gur Dayal was at one time owner of the property in dispute in the present litigation. Ganga Devi, his first wife, pre-deceased him leaving a daughter Sahodra. Gur Dayal died in the year 1923 leaving Shiama his widow, Krishna Murari, his son, and Mt. Sahodra, his daughter. Krishna Murari succeeded to the property left by Gur Dayal. Krishna Murari died in the year 1925 and then Shiama, his mother, succeeded him by right of inheritance. Shiama died in May 1932. Within three months of the death of Shiama, Sahodra gave birth to a son who was named Dhanpat. Dhanpat was therefore the stepsister's son of Krishna Murari and was conceived at the time when succession opened on the death of Mt. Shiama. Dhanpat died during the pendency of the present appeal and if, on the death of Shiama, Dhanpat was entitled to the properties in dispute by right of inheritance, Mt. Sahodra on his death is entitled to succeed as his mother. Bam Babu, plaintiff, is Krishna Murari's father's uncle's son. In short when the succession opened on Shiama's death there were the following two claimants : (1) father's uncle's son, and (2) half-sister's son, and the question is whether the latter is entitled to succeed in preference to the former.