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LALCHMAN SINGH V. KIRPAL SINGH

By Vidhya Yamini Sree Pa


Citation: AIR 1987 SC 1616


case brief written and gavel on the table

FACTS:

One Battan Singh who was also known as Badan Singh had two wives, namely, Mahan Kaur and Khem Kaur. Mahan Kaur died during his life time after giving birth to two sons Lachman Singh (petitioner) and Gurdas Singh from the loins of Battan Singh. Respondent No. 1 Kirpa Singh is the son of Battan Singh and Khem Kaur. Gurdas Singh died during the life time of Battan Singh leaving behind his widow Gurbux Kaur and his son Amarjit Singh. Battan Singh died intestate after the  Hindu Succession Act came into force. On his death his property devolved on his heirs including his second wife Khem Kaur in accordance with the provisions of the Act. Thereafter, Khem Kaur died. On her death, dispute arose between her son Kirpa Singh on one side and Lachman Singh, Amarjit Singh and Gurbux Kaur on the other. Kirpa Singh claimed the entire property left behind by Khem Kaur on the ground that he was the only son of Khem Kaur. Lachman Singh, Amarjit Singh and Gurbux Kaur claimed that Kirpa Singh was entitled to only one-third share in the property of Khem Kaur, Lachman Singh was entitled to one-third share and Amarjit Singh, who was the son of Gurdas Singh, was entitled to the remaining one-third share.


ISSUE RAISED:

Whether ‘step-son’ is entitled to claim share in the property of an deceased Hindu female  simultaneously with her ‘son’ ?


PRINCIPAL APPLIED:

 Intestate Succession


PROVISIONS:

 Section 15 of The Hindu Succession Act 1956


DEFINITION:

Section 15 : General rules of succession in the case of female Hindus:

1)    The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,

(a)   Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

(b)  Secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

                  (d) fourthly, upon the heirs of the father; and

                   (e) lastly, upon the heirs of the mother.

       2) Notwithstanding anything contained in sub-section (1)

(a)   any property inherited by a female Hindu from her father or    mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred in sub-section (1) in the order specified therein, but upon the heirs of the father; and

(b)  any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.


ARGUMENTS:

  • Under the Hindu law as it stood prior to the coming into force of the Act mentions that a step son, i.e. a son of the husband of a female by another wife did not simultaneously succeed to the stridhana of the female on her dying  intestate.

  • In that case, the son born out of her womb had precedence over a step-son.      

  • Parliament would have made express  provision in the act if it intended that there should be such  a radical departure from the past.


ARGUMENTS  ADVANCED:

  • When once a property becomes the absolute property of an female Hindu it shall devolve first on her children (including children of the predeceased sons and daughter) as provided  in Section 15(1)(a) of the Act and then on other heirs subject only to the limited change introduced in s. 15(2) of the act.

  • The step-sons or step-daughters will come in as heirs only under clause (b) or Section 15(1) or under clause (b) or Section 15(2) of the act.


JUDGEMENT:

  • The Supreme Court held that the views expressed by the High Court of Allahabad did not represent the true intent of the law. When once a property becomes the absolute property of a female Hindu it shall devolve first on her children (including children of the’ predeceased son and daughter) as provided in section 15(1)(a) of the Act and then on other heirs subject only to the limited change introduced in section 15(2) of the Act. The step-sons or step-daughters will come in as heirs only under clause (b) of section 15(1) or under clause (b) of section 15(2) of the Act.

  • The Supreme Court also held  that the High Court of Punjab and Haryana against whose decision this petition is filed was right in affirming the decree passed in favour of Kirpal Singh, Respondent No. 1 herein.


CONCLUSION:

So,  A Step-son cannot claim to inherit along with the son of the deceased female.



The author of this article is Vidhya Yamini Sree P.a, a second-year BALLB student at The Tamil Nadu Dr. Ambedkar Law University.

 

REFERENCE:

1)  The Hindu Succession Act , 1956

2)  Family Law in India by Prof G. C. V. Subba Rao 10th Edition 2011.

 

This article contains the view of the author and the publisher in no way associates with the views or ideologies of the author. All the moral rights vests with the Author(s).


 

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