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october 1991

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.

STATE OF PUNJAB vs BALWANT SINGH & ORS. · Niyam