Bhagat Ram v. Teja Singh (AIR 2002 SC 1)

CASE_TITLE Bhagat Ram v. Teja Singh, AIR 2002 SC 1

The Supreme Court clarified how a Hindu woman’s property devolves on her death. If she inherited it from her father or mother, then in the absence of her own children or grandchildren, it passes to the heirs of her father (Section 15(2)(a)). Section 14 confirms she holds property as an absolute owner. Even so, the special rule in Section 15(2) can still decide who inherits after her.

• Did Kirpo have only a limited right in land allotted in India in place of her husband’s Pakistan property?
• On Santi’s death, does the property devolve on her husband’s brother or according to Section 15(2)(a)?

The Supreme Court held that where a Hindu female inherited property from her father or mother, and has no children or grandchildren, it devolves on the heirs of her father under Section 15(2)(a). Section 14(1) makes her a full owner, yet the succession route remains governed by Section 15(2) when its condition is met. Therefore, the claim of the husband’s brother failed.

Source of inheritance decides the path of devolution. If the woman’s title traces to her parents, Section 15(2)(a) sends it to the father’s heirs on her death in the absence of issue, even though she held it as an absolute owner under Section 14.

• Gives a clear test: look at the source of the woman’s property.
• Protects the natal family line where property came from parents.
• Harmonizes absolute ownership (Section 14) with special devolution (Section 15(2)).

1. Section 14: Hindu female = absolute owner.
2. Section 15(2)(a): Property from parents → devolves to father’s heirs if no issue.
3. If property not from parents → apply Section 15(1).
4. Always track the source to pick the right clause.

Mnemonic: PARENT-IN → FATHER-OUT — Parent-sourced property goes out to father’s heirs if no issue.

1. Find Source: From parents or elsewhere?
2. Apply Rule: Parents → 15(2)(a); otherwise → 15(1).
3. Confirm Ownership: She was absolute owner by Section 14.

Issue: Who inherits a Hindu woman’s property when she got it in lieu of her father’s property and dies without issue?

Rule: Section 14 → absolute ownership; Section 15(2)(a) → devolves to father’s heirs if property came from parents.

Application: Santi’s title flowed from mother (who got land for father’s property). Thus, apply 15(2)(a).

Conclusion: Property devolves on father’s heirs, not the husband’s brother.

Absolute Owner

Full legal owner with complete rights, not limited or life estate.

Devolution

Legal passing of property on death to rightful heirs.

Natal Family

A woman’s family of birth—her parents’ line.