Case Note & Summary
The case involves a second appeal before the Bombay High Court arising from a partition suit. The plaintiff, claiming to be a daughter of Gajiram Bhise, sought partition and separate possession of properties belonging to Gajiram Bhise. Parvatibai, the second wife of Gajiram Bhise, had died in 1977-1978. The plaintiff and defendant No. 10 were daughters of Parvatibai, but the plaintiff admitted in evidence that she was not the natural daughter of Parvatibai but of a pre-deceased wife of Gajiram Bhise. The trial court and first appellate court dismissed the suit. The substantial question of law framed was whether, in view of Section 14(1) of the Hindu Succession Act, Parvatibai and consequently Shevantabai (the plaintiff) were entitled to their share, and whether the interest in joint family property became absolute. The High Court examined Section 15 of the Hindu Succession Act, which governs succession to female Hindus. The court noted that under Section 15(2)(b), property inherited by a female Hindu from her husband devolves in the absence of sons, daughters, etc., to the heirs of the husband. The plaintiff, being a step-daughter, was not an heir of Gajiram Bhise (the husband) and thus could not inherit from Parvatibai. The court also applied Section 58 of the Indian Evidence Act, holding that the plaintiff's admission that she was not the natural daughter of Parvatibai was binding. Consequently, the second appeal was dismissed, affirming the lower courts' decisions.
Headnote
A) Hindu Succession Act - Succession to Female Hindu - Section 15(2)(b) - Property Inherited from Husband - The plaintiff, a step-daughter of Parvatibai, claimed partition through Parvatibai. The court held that under Section 15(2)(b), property inherited by a female Hindu from her husband devolves only to the heirs of the husband, and the plaintiff, being a step-daughter, is not an heir of the husband. The suit was dismissed. (Paras 4-7) B) Evidence Act - Admission - Section 58 - Facts Admitted Need Not Be Proved - The plaintiff admitted she was not the natural daughter of Parvatibai but of a pre-deceased wife. This admission was binding and obviated the need for further proof. (Para 5)
Issue of Consideration
Whether the plaintiff, being a step-daughter of Parvatibai, is entitled to inherit the property of Parvatibai under Section 15 of the Hindu Succession Act, 1956.
Final Decision
The second appeal is dismissed. The judgment and decree of the Additional Sessions Judge, Nashik dated 21st March 1995 in Civil Appeal No. 112 of 1990 is confirmed.
Law Points
- Section 15(2)(b) of Hindu Succession Act
- 1956
- Section 58 of Indian Evidence Act
- 1872
- Section 14(1) of Hindu Succession Act
