Supreme Court of India · 1991-10-09
STATE OF PUNJAB vs BALWANT SINGH & ORS.
- Citation / case number
- SC 1991/80298
- Court
- Supreme Court of India
- Petitioner
- STATE OF PUNJAB
- Respondent
- BALWANT SINGH & ORS.
- Bench
- KANIA, M.H.
Judgment text excerpt
The Supreme Court held that under Section 15(1) and (2) of the Hindu Succession Act, 1956, property inherited by a female Hindu from her husband cannot escheat to the Government if there are any heirs qualified to succeed. The Court clarified that the State only takes property when there is a total absence of heirs, and that a female Hindu is considered a fresh stock of descent. The appeal by the State was dismissed, while the appeal of the defendants was allowed, affirming that the plaintiff had a right to redeem the mortgaged property as there were heirs present.