1. Suit for declaration of ownership and possession of properties of a female Hindu dying intestate — Claim of heirship by daughter-in-law under Hindu Succession Act. (Para 1 )
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1998 Supreme(SC) 450
1998(3) Supreme 548
Supreme Court of India
(From Madras High Court)
Sujata V. Manohar & D.P. Wadhwa, JJ.
Seethalakshmi Ammal -Appellant
versus
Muthuvenkatarama Iyengar & Anr. -Respondents
Civil Appeal No. 1944 of 1998
(Arising out of S.L.P.(C) No. 22528/97)
Decided on 3-4-1998
Counsel for the Parties :
For the Appellant : M.A. Chinnaswamy, Advocate.
For the Respondents : V.G. Pragasam, Advocate.
Important Point
If at the time death of a Hindu female, there is any heir of her husband who fits the description in the Schedule to The Hindu Succession Act, 1956 of the widow of his pre-deceased son, she will be one of the heirs entitled to succeed u/s. 15(1)(b) of the Act.
Headnote:Hindu Succession Act, 1956-Section 15-Intestate succession in case of female Hindus-Appellant, daughter in law of deceased Gomathi Ammal-Respondent, son of deceased’s brother, claiming succession under a Will-Will was not accepted as genuine-But succession allowed on ground that the appellant is not an heir of her mother-in-law under Hindu Succession Act-Whether correct? (No) -Appeal allowed.
Held : In order to decide who are the heirs of a female Hindu under category (b) of Section 15(1), one does not have to go back to the date of the death of the husband to ascertain who were his heirs at that time. The heirs have to be ascertained not at the time of the husband’s death but at the time of the wife’s death because the succession opens only at the time of her death. Her heirs under Section 15(1)(b) will have to be ascertained as if the succession to her husband had opened at the time of her death. Thus, if at the time of Gomathi Ammal’s death, there is any heir of her husband who fits the description in the Schedule of being the widow of his pre-deceased son, she will be one the heirs entitled to succeed. The status of the heir must be determined at the time of the death of the female whose heirs are being ascertained. The appellant was the widow of a pre-deceased son on the date when Gomathi Ammal died. Therefore, the learned single Judge was not right in coming to the conclusion that the appellant is not an heir of Gomathi Ammal. (Para 4)
Held thus : The appeal is, therefore, allowed, the impugned order of the High Court is set aside and the suit filed by the plaintiff is decreed with costs. (Para 5)
Legal Category Hierarchy
Table of Contents
2. Whether a daughter-in-law qualifies as an heir of her mother-in-law under Section 15(1)(b) of the Hindu Succession Act when the son pre-deceased the mother-in-law. (Para 2 , 3 )
3. The High Court erred by determining heirship based on the date of the husband's death rather than the date of the female's death. (Para 3 , 4 )
4. Heirs of a female Hindu under Section 15(1)(b) are determined as of the date of her death, not the date of her husband's death. (Para 4 )
5. Appeal allowed, impugned order set aside, and the suit decreed with costs. (Para 5 )
6. When are the heirs of a female Hindu determined under Section 15(1)(b) of the Hindu Succession Act?
Heirs are ascertained at the time of the female's death, as succession opens only then. They are determined as if the succession to her husband had opened at the time of her death. (Para 4 )
7. Does a widow of a pre-deceased son qualify as an heir to a female Hindu under Section 15(1)(b)?
Yes, if she fits the description of an heir of the husband in the Schedule to the Hindu Succession Act at the time of the female's death, she is entitled to succeed. (Para 3 , 4 )
8. What is the order of succession for a female Hindu dying intestate under Section 15(1)?
Property devolves firstly upon the sons and daughters (including children of any pre-deceased son or daughter) and the husband; secondly, upon the heirs of the husband. (Para 3 )
Order
The appellant is the daughter-in-law of the deceased Gomathi Ammal. Venkatarama Iyengar, the husband of the appellant was the only son of Gomathi Ammal and her husband Sesha Iyengar. He died prior to the death of Gomathi Ammal. Venkatarama Iyengar and the appellant have no children. The husband of Gomathi Ammal also died long prior to her death. The appellant filed a suit for declaration of ownership and possession of properties left by Gomathi Ammal who died intestate. The respondent, claiming to be the son of Gomathi Ammal’s brother, contested the suit on the ground that Gomathi Ammal made a will in his favour.
2. The will has not been accepted either by the trial Court or by the first appellate Court or by the High Court in second appeal. The only reason why the High Court has allowed the second appeal is on the ground that the appellant is not an heir of her mother-in-law under the Hindu Succession Act.
3. This finding proceeds on a misconception of the provisions of the Hindu Succession Act. Section 15 of the Hindu Succession Act provides general rules of succession in the case of female Hindus. Under sub-section (1), the property of a Hindu female dying intestate shall devolve (a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband; (b) secondly, upon the heirs of the husband. Gomathi Ammal does not have any heirs falling under (a). Therefore, we have to examine who are the heirs of her husband. The heirs of a male Hindu are set out in the Schedule to the Hindu Succession Act. Heirs in Class I include a widow of a pre-deceased son. The appellant fits this description. But the High Court has held that when Sesha Iyengar, the husband of Gomathi Ammal died, their son Venkatarama Iyengar was alive. So the appellant cannot be called the widow of a pre-deceased son.
4. In order to decide who are the heirs of a female Hindu under category (b) of Section 15(1), one does not have to go back to the date of the death of the husband to ascertain who were his heirs at that time. The heirs have to be ascertained not at the time of the husband’s death but at the time of the wife’s death because the succession opens only at the time of her death. Her heirs under Section 15(1)(b) will have to be ascertained as if the succession to her husband had opened at the time of her death. Thus, if at the time of Gomathi Ammal’s death, there is any heir of her husband who fits the description in the Schedule of being the widow of his pre-deceased son, she will be one the heirs entitled to succeed. The status of the heir must be determined at the time of the death of the female whose heirs are being ascertained. The appellant was the widow of a pre-deceased son on the date when Gomathi Ammal died. Therefore, the learned single Judge was not right in coming to the conclusion that the appellant is not an heir of Gomathi Ammal.
5. The appeal is, therefore, allowed, the impugned order of the High Court is set aside and the suit filed by the plaintiff is decreed with costs.
(N.K.) Appeal allowed.
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Parallel Citations of other Journals :
Seethalakshmi Ammal v. Muthuvenkatarama Iyengar, 1998(3) Supreme 548 : AIR 1998 SC 1695 : (1998) 5 SCC 368 : JT 1998(3) SC 44 : 1998(2) Scale 660 : 1998(III) AD (SC) 681
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