Case Note & Summary
The High Court dismissed a review petition challenging its earlier judgment in a Hindu succession case. The petitioners sought review of a judgment that had allowed a husband to inherit a share in property that his deceased wife had inherited from her father. The Court held that the scope of review is limited and found no error apparent on the face of the record. The Court clarified that Section 15(2)(a) of the Hindu Succession Act applies only when a female Hindu dies without leaving any sons or daughters, which was not the case here. Since the deceased left behind children, succession was properly governed by Section 15(1)(a), which includes the husband as an heir. The Court rejected the argument that the husband should be excluded from inheriting parental property of the deceased female Hindu.
Headnote
Review Petition filed under Order 47 Rule 1 read with Section 114 of Code of Civil Procedure, 1908 (CPC) seeking review of judgment dated 17.12.2020 passed in R.F.A. No.1867/2007 -- Petitioners contended that succession to property inherited by deceased female Hindu from her father should be governed by Section 15(2)(a) of Hindu Succession Act, 1956 (the Act) which excludes husband from inheritance -- Court held that scope of review under Order 47 Rule 1 CPC is extremely limited and review is permissible only when there is error apparent on face of record -- Court examined Section 15(2)(a) of Hindu Succession Act and found that its application is expressly conditioned upon absence of any son or daughter of deceased -- Since deceased left behind two sons and one daughter, condition precedent for invoking Section 15(2)(a) was not satisfied -- Court held that succession was properly governed by Section 15(1)(a) of Hindu Succession Act which includes husband as heir -- Review petition dismissed as no error apparent on face of record was established
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Issue of Consideration: The Issue of Consideration was whether the judgment dated 17.12.2020 passed in R.F.A. No.1867/2007 suffered from any error apparent on the face of the record warranting review under Order 47 Rule 1 of Code of Civil Procedure
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Final Decision
The High Court dismissed the review petition, holding that no error apparent on the face of the record was established. The Court upheld its earlier judgment that succession was governed by Section 15(1) of the Hindu Succession Act and the husband was entitled to a share in the property.
