Devise and inheritance distinguished

Devise and inheritance distinguished for the purpose of S. 15 of Hindu Succession Act, 1956

testamentary disposition  is a devise whereas inheritance is by virtue of devolution of property on intestate

Jayantilal Mansukhlal And Anr. vs Mehta Chhanalal Ambalal AIR 1968 Guj 212, (1968) 0 GLR 129 http://indiankanoon.org/doc/634161/

Dispute regarding S. 15(1) (a) of Hindu Succession Act, 1956

Kanta’s mother executed a registered will in favour of Kanta. Both died in a fire in the house they were living together. Whether property devolves on Kanta’s husband as she died intestate?

It is clear that Clause (a) deals with devolution of "any property inherited by a female Hindu from her father or mother" and provides that "in the absence of any son or daughter of the deceased", the property shall devolve not upon the other heirs referred to in sub-section (1) in the order specified therein, but "upon the heirs of the father". The instant case is clearly a case of a devise and not of an inheritance. Kanta's property is indisputably the one which had devolved on her by a "devise" or a "bequest" under the will of her mother Mangu. The words "devise" and "inheritance" are distinct expressions as is apparent from the use of the two distinct words in the explanation to sub-section (1) of Section 14 of the Act. Clause (a) of sub-section (2) of Section 15 clearly relates to inheritance and as such, can have no application in the case of a devise as is the case before us.