KHUSHI RAM & Ors. v. NAWAL SINGH & Ors.
Case at a glance
Provisions considered
- Hindu Succession Act, 1956
- Registration Act, 1908 ss. 17, 17(1), 17(2), 17(2)(vi)
- Indian Succession Act, 1925 s. 14(1)
- Transfer of Property Act, 1882
- Indian Stamp Act, 1899
- Code of Civil Procedure, 1908 s. 100
- Limitation Act, 1963 s. 27
- U.P. Tenancy Act, 1939
Judgment
2.2 The defendants-respondents were nephews, i.e., brother’s sons of Smt. ‘J’. The Hindu Succession Act, 1956, Section 15, deals with the general rules of succession in the case of female Hindus for properties inherited by female Hindus, which are devolved in according to Sections 15 and 16. A perusal of Section 15(1)(d) indicates that heirs of the father are covered in the heirs, who could succeed. When heirs of father of a female are included as person who can possibly succeed, it cannot be held that they are strangers and not the members of the family qua the female. ‘Smt. J’, who as a widow of ‘SS’, who had died in 1953, had succeeded to half share in the agricultural land and she was the absolute owner when she entered into settlement. No merit in the submission that the defendants-respondents were strangers to the family. All the Courts have rightly dismissed the suit of the plaintiffs-appellants, which need no interference. [Paras 26-29][1042-F-G; 1043-B-E] Mata Deen v. Madan Lal & Ors. Decision of Supreme Court in Civil Appeal No. 890 of 2008 – held inapplicable. K. Raghunandan and Ors. v. Ali Hussain Sabir and Ors. (2008) 13 SCC 102 : [2008] 8 SCR 657 – relied on.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.