MST. MOHINDERO versus KARTAR SINGH AND ORS.

Citation: [1990] SUPP. 2 S.C.R. 475 · Decided: 30-10-1990 · Supreme Court of India · Bench: KULDIP SINGH · Disposal: Appeal(s) allowed

Judgment (excerpt)

\ 
MST. MOHINDERO 
v. 
KARTAR SINGH AND ORS. 
OCTOBER 30, 1990 
[KULDIP SINGH AND S.C. AGRAWAL JJ.) 
Hindu Succession Act, 1956--Section 15(1)(a)-Succession to 
estate of Hindu widow-Daughter of the· deceased son-Preferential 
heir-Entitled to succession. 
A 
B 
Santi married Kisso and gave birth to a son, the father of the c 
appellant. On the death of Kisso, Santi married his brother, Ditto, who 
died issueless. 
On the death of Ditto, the mutation of his estate was sanctioned in 
Santi's name, being his widow. She was in possession of the same as 
life-Estate holder. She executed a gift-deed in favour of her grand 
D 
daughter, the appellant on December 27, 1955 and she died on October 
6, 1956, after the commencement of the Hindu Succession Act. 
Kissi, the sister of Santi's husbands f"ded a suit for possession 
contending that she was a preferential heir of the suit property, and 
that the property had been illegally mutated in the name of the 
E 
appellant. 
The trial Court dismissed the suit holding that without c!Jalleng· 
Ing the gift deed, the suit for possession was not competent. 
· 
Meanwhile Kissi, the plaintiff, having died, her heirs the respoll· 
F 
dents preferred an appeiil before the District Judge. An application to 
amend the plaint, so as to challenge the validity of the gift was also filed. 
The District Judge allowed the application and the appeal, and 
remanded the case for fresh trial. 
Holding the gift to be invalid, the Trial Court dismissed the suit 
G 
on the ground of limitation, which was affirmed by the District Judge, 
in appeal. 
The Respondents' Second Appeal to the High Court, was allowed 
by a Single Judge who reversed the fmdings of the Courts below on the 
-
issue oflimitation. 
H 
475 
A 
B 
c 
476 
SUPREME COURT REPORTS 
[ 1990] Supp. 2 S.C.R. 
The Letters Patent Appeal against the aforesaid judgment was 
dismissed. 
The appellant in this Court has contended that the gill be-
ing invalid, Santi, the grandmother of the appellant continued to be 
a limited owner till the date of the commencement of the Hindu 
Succession Act, 1956, and thereafter by virtne of the provisions of the 
Act, she became full owner of the suit-property and the appellant being 
the daughter of a predeceased son of Santi was the preferential h~ir 
under section lS(l)(a) of the Act and was entitled to succeed to the 
property. The respondents contended the appeal contending that unless 
it was factually proved that appellant's father was the son of Santi, the 
appellant could not get the benefit of section 15 of the Act. 
Allowing the appeal, this Court. 
HELD; 1. The appellant being daughter of a predeceased son was 
entitled to succeed to the property of Santi in preference to the res-
pondents-plaintiffs. [479D] 
' 
D 
2. Santi held the property as limited owner till the coming into 
force of the Act. She became full owner thereafter. When she died on 
October 6, 1956 succession to her property was to be governed by the 
Act. Santi having died intestate, succession to her property was to be 
governed hy Section 15 read with Section 16 of the Act. Appellant being 
the daughter of a predeceased son of Santi she bad the first preference to 
E 
su~ceed under Section lS(l)(a) oftbe Act. [479B-C] 
F 
This Court found sufficient material on the record to prove that 
the appellant's father was the son of Santi. [ 479B] 
CIVIL APPELLATE JURISDICTON: Civil Appeal No. 790 of 
1981. 
From the Judgment and Order dated 5.9.1980 of the Punjab & 
Haryana High Court in Review Application No. 52 of 1980. 
M. R. Sharma and Prem Malhotra for the Appellant. 
G 
R.S. Sodhi for the Respondents. 
The Judgment of the Court was delivered by 
• 
KULDIP SINGH, J. Kissi was the sister of two brothers named 
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Kisso and Ditto. Santi married these two brothers one after the other. 
'H She first married Kisso from whom she gave birth to a son named 
MOHINDERO v. KARTAR SINGH IKULDIP SINGH, J.] 
477 
Buta. After the death of Kisso she remarried the other brother Ditto. 
Ditto also died issueless. Buta who was born out of the wedlock of 
Kisso and Santi also died leaving a daughter named Mohindero. 
On the death of Ditto the mutation of his estate was sanctioned 
in the name of the Santi being his widow. She was, thus, in possession 
A 
of the land-holding of Ditto as a life-estate. Santi executed a gift-deed 
B 
dated December 27, 1955, of the said land, in favour of Mohindero 
daughter of her son Buta. The Hindu Succession Act, 1956

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