KARUNANIDHI versus SEETHARAMA NAIDU & ORS.

Citation: [2017] 6 S.C.R. 631 · Decided: 27-03-2017 · Supreme Court of India · Bench: R.K. AGRAWAL · Disposal: Appeal(s) allowed

Judgment (excerpt)

[2017] 6 S.C.R. 631 
KARUNANIDHI 
A 
v. 
SEETHARAMA NAIDU & ORS. 
(Civil Appeal No. 4490 of2017) 
MARCH 27, 2017 
B 
[R. K. AGRAWAL AND ABHAY MNOHAR SAPRE, JJ.] 
Hindu Succession Act, 1956 - s.l 5(2)(a) rlw s.8 and Schedule 
--:- 2005 amendment to Schedule in relation to Class I heirs -
Inapplicability of - Succession w.r.t female Hindus, - Suit by 
plaintiffs-respondents (great-grandson and great-granddaughter of C 
one 'P 'from his first wife) for declaration of title and possession of 
suit property against defendant-predecessor-in-interest of appellant 
(daughter of 'P 'from his second wife) - ·p ·had bequeathed the suit 
properties in favour of the defendant and her sister 'A' - 'A' had 
executed a Will of her share of property in favour of defendant and D 
died thereafter - Plea of plaintiffs that 'A' had only life interest in 
the properties received from 'P' through Will and thus could not 
have bequeathed such properties by Will in favour of the defendant, 
hence on death of 'A' the same would devolve upon them as 
reversioners by succession being heirs from fathers side - Held: 
Admittedly, according to the plaintiffs, their right to claim a share, 
if any, as an heir from fathers side in the suit properties held by 'A' 
accrued on her death in 1987 for which they filed civil suit in 1988 
E 
- However, the category of heirs to which the plaintiffs belonged, 
namely "son ofa pre-deceased daughter ofa pre-deceased daughter 
and daughter of a pre-deceased daughter of a pre-deceased F 
daughter" was added in the Schedule (in relation to Class 1 heirs) 
only in 2005 by a prospective amendment and was not included in 
Class l list in the Schedule in 1987 - Thus, plaintiffs had no right 
on the strength of succession/devolution to claim any interest in 
properties of 'A' in 1987 as fathers heir by virtue of s.l 5(2)(a) -
High Court wrongly placed reliance on s.15 of the Act for deciding 
G 
the rights of the parties. 
Code of Civil Procedure, 1908 - s.100 - Substantial question 
of law - Suit by plaintiffs-respondents for declaration of title and 
possession of suit property against defendant-predecessor-in-interest 
of appellant - Suit dismissed by trial court - First appeal by H 
631 
632 
SUPREME COURT REPORTS 
[2017] 6 S.C.R. 
A plaintiffs also dismissed - Second appeal by plaintiffs, allowed in 
part by High Court holding that in view of s.15(2)(a) rlw s.8 and 
Schedule (in relation to Class I heirs) of the Hindu Succession Act, 
1956, the plaintiffs are entitled to 1/Jrd share in the suit properties -
On appeal, held: High Court has jurisdiction to hear the second 
B. appeal only on substantial questions of law framed uls.100(5) -
However, no substantial question of law was framed by the High 
Court on the applicability of s.15(2) - Further, no pleading, issue 
or finding was recorded by the two courts below on the applicability 
of s.15(2) - Thus, High Court had no jurisdiction to examine the 
case of its own on such issue for the first time in second appeal -
C Impugned judgment of High Court set aside and that of Trial Court 
restored - Hindu Succession Act, 1956 - s.15 r/w. s.8 and Schedule. 
Allowing the appeal, the Court 
HELD: 1.1 Section 15 of the Hindu Succession Act, 1956 
applies to the case of female Hindus. It specifies the general 
D rules of succession and provides the categories of heirs on whom 
the property of a female Hindu would devolve on her death. Sub-
section(!) sets out four categories of heirs specified in clauses 
(a) to (e) on whom her property would devolve as per the rules 
set out in Section 16. Sub-section(2) is given an overriding effect 
on the categories of persons specified in sub-section(!). So far 
E as Clause (a) of sub-section (2) is concerned, it provides that any 
property inherited by a female Hindu from her father or mother 
shall devolve upon the heirs of the father, if female does not have 
her son, daughter including the children of any pre-deceased son 
or daughter but would not devolve upon the categories of heirs 
F 
specified in sub-section(!). [Para 29) [641-E-G) 
1.2 So far as Schedule in relation to Class I heirs is 
concerned, it was amended by the Parliament by Act 39/2005 
w.e.f. 9.9.2005. By this amendment, four new categories of heirs, 
namely, (l)son of a pre-deceased daughter of a pre-deceased 
daughter; (2)daughter of a pre-deceased daughter of a pre-
G deceased daughter; (3) daughter of a pre-deceased son of a pre-
deceased daughter; and (4) dau

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