HINDU SUCCESSION ACT, 1956 – CASE LAW – Section 18
- Deep Narayan Singh v. Sarjan Singh
- Bench: D K Seth, J Banerjee
Facts:
- The business was a medicine shop carried on by Pujan Singh, since deceased, stepbrother of the defendants , through the first wife of their father. After the death ofPujan Singh, the three stepbrothers inherited the said business and the tenancy right.
- The Respondent and the appellant Deep Narayan Singh became seized and possessed of the said business after the death of the said Pujan Singh. But through cunning maneuver Deep Narayan managed to run the business solely.
- The suit was filed by Respondent related to a business, which was claimed by the Respondent to be a joint business.
Issue:
Whether the Respondent has share in the property by inheritance or not?
Contentions raised by Respondent:
- The Respondent’s claim is based on devolution of Interest in the business by succession.
- He had admitted that Pujan Singh used to carry on his business in his personal name
Contentions raised by Appellant:
- Ram Narayan was carrying on business with Pujan Singh and after the death of Pujan Singh he carried on the business all alone.
- Appellant claims that Respondent has no share or interest in the business.
Held:
The Respondent could not claim the business by reason of succession since the said sister Adam Singh by full-blood would have excluded the Respondent’s and the said Deep Narayan Singh since all of them come in the same entry of Class II heirs. Section 18 of the said Act makes a special provision, which precludes the heirs in the same entry if related by half-blood when there is an heir in the same entry related to the intestate by full-blood.
