Female Hindu died intestate - Leaving self-acquired property - Property left by her would be her absolute property and not property she has inherited from her parents S.15(1) which lays general rule of succession would apply

Citation

AIR 2009 SC (Supp) 2060

SUPREME COURT

(From: Madhya Pradesh)*

SATYA BRATA SINHA, J. and DR. MUKUNDAKAM SHARMA, J.

Civil Appeal No.3241 of 2009 (Arising out of S. L. P. (Civ) No. 460 of 2008), D/-5-5-2009

Omprakash and Ors v. Radhacharan and Ors

(A)Hindu Succession Act (30 of 1956), S.15(1), S.15(2) Female Hindu - Rule of succession - S.15 does not make any distinction between her self acquired property and property inherited by her.

(B)Hindu Succession Act (30 of 1956), (Para 9)

S.15(1), S.15(2) - Rule of succession - Applicability Female Hindu died intestate - Leaving self-acquired property - She had been driven out of her matrimonial home immediately after death of her husband -  Property left by her would be her absolute property and not property she has inherited from her parents S.15(1) which lays general rule of succession would apply S.15(2) providing for non-obstante clause would not apply merely because all support for her maintenance had come from her parents and not from her in law.

(Paras 9