Right of inheritance – In absence of ‘Son or Daughter’ of wife from her husband, property would devolve upon brother of her husband being heir of her husband – Hindu Succession Act, 1956 – Section 5(1)(a)(e).

The plaintiff – Reetu brought a suit for declaration of title and to declare the sale deed executed by Hira Kunwar in favour of defendant – Rengtu Chandra and Ramlal Sonar as void and if it is found that plaintiff is not in possession of the suit land, the possession of the suit land be given back to the plaintiff, alleging that the owner of the suit property was late Matharu. After his death, the suit land came into possession of his widow Budhwara. Late Matharu was issueless. Plaintiff, being real brother of late Matharu, inherited the suit property but respondent No. 1 – Hira Kunwar, who is daughter of Budhwara from her previous husband, got her name mutated in the revenue records behind his back. The trial Court, after recording evidence, decreed the plaintiff’s suit for declaration of title, finding inter alia, that after the death of Matharu, suit property was inherited by the appellant and that the respondent No. 1 – Hira Kunwar had no right or title over the suit land and had also no right to alienate the property.

The Hon’ble Court observed that the words “sons and daughters and the husband” appeared in Clause (a) of sub-section (1) of Section 15 of the Act, 1956 only mean “sons and daughters and the husband of the deceased and not of anybody else”. The use of the words ‘of the deceased’ following ‘son or daughter’ in Clauses (a) and (b) of sub-section (2) of Section 15 and absence of the same in sub-section (1) make no difference. Therefore, where on death her daughter from previous husband would not be entitled to inherit said property within meaning of section 15(1)(e) of Act and in absence of son or daughter of deceased wife from her husband, property would devolve upon brother of the deceased husband, being an heir of the husband.