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Grandmother's Legacy: Husband Barred from Claiming Wife's Gifted Parental Land
In a ruling that reinforces traditional Hindu succession norms, the has declared that a husband cannot inherit his childless wife's property if it originated from her parents. Justice Tarlada Rajasekhar Rao , in Writ Petition No. 12421 of 2023 ( Chikkala Devika Manasa & Anr. v. State of AP & Ors. ), set aside a revenue order favoring the widower and directed mutation of the land in favor of the second granddaughter, Chikkala Devika Manasa .
A Gift, A Death, and a Family Feud Over 1.50 Acres
The dispute centers on a 1.50-acre plot (Survey No. 54/3) in Pentakota Village, Payakaraopeta Mandal, Anakapalli District, originally owned by Chikkala Venkayamma . In , she gifted it to her granddaughter Srivirita via a registered deed (Doc. No. 2332/), mutating her name in revenue records.
Tragedy struck when Srivirita died unnaturally in without children. Venkayamma canceled the gift in (Doc. No. 5355/). In , she willed the property to her other granddaughter, Devika Manasa (Doc. No. 58/), before passing away in .
Devika sought mutation, leading to the canceling Srivirita's entries in (Rc. No. 425//C) due to non-delivery of possession.
Widower's Revision Bid: Gift Cancellation Challenged
Srivirita's husband, Badireddy Naga Veera Venkata Srirama Dora , filed a revision under . The allowed it in (R.P. No. 12/2023), ruling the cancellation invalid—citing Thota Ganga Laxmi v. Government of Andhra Pradesh (2010) 15 SCC 207—and ordered mutation in his favor.
Petitioners argued this violated , as the property—treated as parental inheritance—devolves to the father's heirs upon a childless female Hindu's death, excluding the husband. They cited a civil decree (O.S. No. 264/2023) affirming Devika's title.
Court's Razor-Sharp Interpretation of Succession Law
Justice Rao dissected Section 15 HSA , noting its in subsection (2)(a): property inherited from parents by a female Hindu devolves to her father's heirs if she dies without children, bypassing the husband.
The bench distinguished Thota Ganga Laxmi , clarifying it inapplicable since the donee (Srivirita) was deceased and her husband derived no title under HSA. Supporting precedents included: - V. Dandapani Chettiar v. Balasubramanian Chettiar (2003) 6 SCC 633: Property reverts to father's heirs absent children. - Radhika v. Aghnu Ram Mahto (1994) 5 SCC 761; Bhagat Ram v. Teja Singh (AIR 1999 SC 1944): Similar devolution principles. - Anandilal Jhariya v. Ramlal Jhariya (AIR 2010 MP 21): Husband excluded from wife's parental inheritance.
The court held the widower lacked standing to challenge the cancellation.
Key Observations from the Bench
"The bare reading of Section 15(2)(a) of Hindu Succession Act 1956 clearly outlines that if the property is inherited by a female Hindu from her father or mother in the absence of any of child, the property of the deceased shall go to the legal heirs of father. The husband will not get any right over the property inherited by her from her father."– Para 9
"When the unofficial respondent is not entitled for the property pursuant to the Section 15(2)(a) of Hindu Succession Act 1956, the unofficial respondent is not entitled to claim over the property."– Para 10
"The Judgment of the Apex Court in Thota Ganga Laxmi case is not applicable to the facts of the case, for the reason that the cancellation can only be questioned by the donee/giftee, who is no more."– Para 10
Victory for Blood Heirs: Mutation Ordered, Precedent Set
The writ petition succeeded on . The Joint Collector's order was quashed, the RDO's upheld, and the directed to mutate Devika Manasa's name. No costs.
This decision clarifies
HSA boundaries
, shielding parental property from spousal claims in intestate scenarios, potentially guiding revenue authorities and civil courts nationwide. As media reports noted, it underscores:
"Husband Gets No Share In Parental Property Inherited By Wife."
