Estate of a female Hindu, acquired by way of gift and not inherited, does not devolve upon the heirs of her father

Himachal Pradesh High Court Upholds Natural Succession in Landmark Case. state of Female Hindu Acquired by Gift Does Not Revert to Father's Heirs, Rules Court

In a significant judgment delivered by the Himachal Pradesh High Court on October 8, 2025, Justice Satyen Vaidya reinforced the principles of natural succession, ruling that property acquired by a female Hindu through a gift from her father does not qualify as inherited property under Section 15(2)(a) of the Hindu Succession Act, 1956. Instead, such property is to devolve through natural succession.

The case, Prem Singh v. Bimla Devi, centered around the estate of the deceased Banto Devi, who had received property as a gift from her father, Gobindu. The legal battle unfolded when respondents Bimla Devi and others filed a suit claiming ownership of the land based on a will allegedly executed by Banto Devi, or alternatively, through natural succession as her legal heirs. The trial court and the first appellate court both recognized the plaintiffs as legitimate heirs based on substantial oral and documentary evidence, including family pedigree charts and property records.

Prem Singh, the appellant, argued that the property should revert to the heirs of Banto Devi’s father, citing that the land was gifted and not inherited. However, both lower courts, upon detailed examination of the evidence, dismissed this claim, affirming that the estate should pass through natural succession to Banto Devi's children.

Justice Vaidya’s judgment highlighted the misapplication of Section 15(2)(a) of the Hindu Succession Act, clarifying that it pertains to property inherited from parents, which was not the case here. The judgment reiterated that the property received as a gift does not trigger reversion to the donor’s heirs.

The appellant's attempt to introduce additional evidence at the appeal stage, including birth certificates procured under the Right to Information Act, was also dismissed. The court held that the appellant failed to demonstrate due diligence in procuring such evidence during the trial, and deemed it unnecessary for the current proceedings.

This ruling is expected to have far-reaching implications on similar succession cases, reinforcing the stance that gifted property should devolve according to the natural line of succession rather than reverting to the donor's lineage.

Bottom Line:

The estate of a female Hindu, acquired by way of gift and not inherited, does not devolve under Section 15(2)(a) of the Hindu Succession Act upon the heirs of her father but devolves through natural succession.

Statutory provision(s): Hindu Succession Act, 1956 Section 15(2)(a), Code of Civil Procedure, Order 41 Rule 27, Section 151

Prem Singh v. Bimla Devi, (Himachal Pradesh) : Law Finder Doc Id # 2791095