Widow of Predeceased son not entitled to share in mother-in-laws property: SC
Title: SACHIDHANANDAM SINCE DEAD THROUGH HIS LRS. v E. VANAJA AND ORS.
Citation: CIVIL APPEAL NO. 3667 OF 2018
Dated on: 23.1.2024
Corum: HON’BLE JUSTICE PRASHANT KUMAR MISHRA, J., JUSTICE B.R. GAVI AND JUSTICE HIMA KOHLI
Facts of the case
The disagreement arose from a partition suit brought by the plaintiff, E. Vanaja, who sought a piece of the joint family’s holdings. Vanaja, the widow of Elango, Nallathambi Chettiar’s third son, claimed a piece of the joint family estates under Hindu succession laws. Initially, the trial court granted Vanaja a 1/8th part of the suit properties. However, the defendants, challenged the decision, prompting numerous appeals and counter-claims. The first appellate court changed the trial court’s decision, allowing Vanaja a 1/16th share in some properties but denying her claim to others. Dissatisfied with the verdict, Vanaja filed a second appeal, which eventually reached the High Court. The High Court considered both sides’ evidence and arguments, with an emphasis on the properties and familial relationships. It upheld the lower court’s decision that the suit properties were shared family assets. However, the High Court ruled that Vanaja’s 1/16th part of her mother-in-law’s assets was inconsistent with the terms of the Hindu Succession Act.
Legal provision
In this case Sections 15 and 16 of the Hindu inheritance Act, 1956, are significant in this case because they govern the inheritance and division of the property of a female Hindu who dies intestate. According to these passages, a female Hindu’s property is first inherited by her sons and daughters, followed by the heirs of the husband, father, and mother. Section 16 specifies the order of succession and distribution among the heirs. The Supreme Court utilized these clauses to amend the High Court’s decision and found that the petitioner, who is the widow of the deceased son, does not have the first right or entitlement to receive any portion in the share of her mother in-law.
Issue
Whether the plaintiff is entitled to a share in her mother in-laws property?
Court analysis and judgement
The Hon’ble SC in the present case looking into various precedent’s allowed the appeal in part and only altered the judgment given by the HC. SC held that in spite of the plaintiff being a part of the family entitled to share in her property, she is only entitled to a part of her husbands share and not 1/6th of her mother in laws property. The Court used the provisions of the Hindu Succession Act of 1956 to decide the devolution of the property of a female Hindu who died intestate.
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Written by- Namitha Ramesh