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IN THE HIGH COURT OF KARNATAKA
S. SUJATHA, J.
DATTATREYA - Appellant
Vs.
K.N. SHUBHASHREE - Respondent
Probate Civil Petition No. 5 of 2018
Decided on : 10-01-2019
Probate - Rights of Legal Heirs - Hindu Succession Act, 1956 - Section 15, Section 16 - Summary of Acts and Sections: The court discussed the provisions of Section 15 and Section 16 of the Hindu Succession Act, 1956, which deal with the general rules of succession in the case of female Hindus and the order of succession and manner of distribution among heirs of a female Hindu. The court emphasized that the property of a female Hindu dying intestate shall devolve upon the heirs of her father, and the property would devolve upon the heirs of the mother only in the absence of the heirs of the father.
Fact of the Case:
The petitioners sought to revoke and annul the letters of administration granted by the court and to consider the probate petition denovo, claiming to be the legal heirs of the deceased. The respondents, daughters of the deceased's pre-deceased sister, were granted letters of administration. The petitioners alleged fraudulent and defective proceedings and sought annulment of the letters of administration.
Finding of the Court:
The court found that the respondents, as daughters of the deceased's pre-deceased sister, were the Class-I legal heirs entitled to succeed the properties of the deceased. The court dismissed the petition, emphasizing that the petitioners' claim as legal heirs through their father could not be countenanced as the property would devolve upon the heirs of the mother only in the absence of the heirs of the father.
Issues: The main issue was the entitlement of the petitioners as legal heirs of the deceased and the validity of the letters of administration granted to the respondents.
Ratio Decidendi: The court relied on the provisions of Section 15 and Section 16 of the Hindu Succession Act, 1956 to determine the order of succession and the entitlement of the legal heirs, emphasizing that the property would devolve upon the heirs of the mother only in the absence of the heirs of the father.
Final Decision: The petition was dismissed as devoid of merits, and the court upheld the grant of letters of administration to the respondents.
S.Sujatha, J.
Petitioners are before this Court, praying to revoke and annul the letters of administration granted by this Court in Probate C.P.No.4/2015 dated 18.01.2016 and to consider the said Probate Petition denovo.
2. The petitioners are claiming to be the relatives and legal heirs of the deceased Smt.Lalitha @ Lalithamma. It is the grievance of the petitioners that they were deliberately left out of the probate proceedings before this Court by the respondents to ensure that the order be passed without taking citation to them. It is alleged that as a result of the said fraudulent and defective proceedings initiated by the respondents, suppressing the material facts, the order dated 18.01.2016 came to be passed granting the letters of administration in favour of the respondents. It is further contended that subsequent to the granting of letters of administration in favour of the respondents, a legal notice dated 18.09.2017 has been issued by the respondents calling upon the petitioners to hand over the possession of the premise [one of the property involved in the letter of administration] which has been permitted by Smt.Lalitha @ Lalithamma to live in, being a relative and legal heir.
3. Learned counsel Sri.Shrishail A. Hubli appearing for the petitioners reiterating the grounds urged in the petition, submitted that the petitioners are the legal heirs of the deceased Smt.Lalitha @ Lalithamma who died in the year 2014 intestate. It is contended that the petitioners are the son and daughter-in-law of Sri.Subbarao, an elder son of Sri.Srinivas. Deceased Smt.Lalitha @ Lalithamma is one of the daughter of Smt.Nagamma, daughter of Sri.Srinivas. Hence, petitioners are entitled to inherit the property rights of the deceased Smt.Lalitha @ Lalithamma on par with the respondents. Reliance is placed on the judgment of the Hon'ble Apex Court reported in [Basanti Devi V/s. Raviprakash Ramprasad Jaiswal, (2008) AIR SC 295] and [Smt.Chunibala Barui and others V/s. Lakshmimani Adhikary and Other, (2005) AIR Calcutta 343].
4. Learned counsel for the respondents has filed Statement of Objections denying the rights of the petitioners as legal heirs of the deceased Smt.Lalitha @ Lalithamma. It was argued that the respondents are the daughters of Smt.S.Sulochana, sister of Smt.S.Lalitha @ Lalithamma who died intestate. Provisions of Section 15 and 16 of the Hindu Succession Act, 1956 ['Act' for short] were referred, to substantiate the arguments in as much as the rights of the respondents herein, to succeed the properties of the deceased Smt.Lalitha @ Lalithamma.
5. I have carefully considered the arguments advanced by the learned counsel appearing for the parties and perused the material on record.
6. The genealogy undisputed by the parties is as under:
7. The said genealogy indicates that Smt.Nagamma married to Sri.H.Suryanarayanashasthri had two daughters namely, Smt.Sulochana and Smt.S.Lalitha @ Lalithamma. Respondents herein are the daughters of Smt.Sulochana who pre-deceased Smt.S.Lalitha @ Lalithamma. It is not in dispute that the properties are governed by the provisions of the Act. Section 15 of the Act deals with the General rules of succession in the case of female Hindus. It contemplates that the property of a female Hindu dying intestate shall devolve according to the rules set out in Section 16,
(a) firstly, upon the sons and daughters (including the children of any predeceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1),
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon
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