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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Deepak Kumar Tiwari, J.
Harihar Prasad S/o Rambhajan and ors. - Applicants
versus
Smt. Sulochna W/o Aashish and ors. - Respondents
CR No. 154 of 2024
Decided On : 10-03-2025
| Table of Content |
|---|
| 1. overview of the case involving succession certificate. (Para 1) |
| 2. argument against widow's entitlement due to remarriage. (Para 2) |
| 3. defense of widow's rights based on the hindu succession act. (Para 3) |
| 4. court's affirmation of legal principles related to class i heirs. (Para 4) |
| 5. dismissal of the revision application. (Para 5) |
ORDER :
Deepak Kumar Tiwari, J.
1. This Revision has been preferred against the judgment dated 29.06.2024 passed by the 3rd District Judge, Raigarh in Civil Appeal No.10/2024 whereby while dismissing the Appeal, the order passed by the Succession Court i.e. 1st Civil Judge, Class- I, Raigarh in Succession Case No.24/2022 whereby the succession certificate has been issued in respect of half of the share of the claim amount of the bearing Policy No.368413156 of Rs.2,50,000/- in favour of respondent No.1 (wife of the deceased Late Lukeshwar Prasad) herein, was affirmed.
2. Learned counsel for the applicants submits that after the death of Lukeshwar Prasad, respondent No.1 has remarried Ashish, so she is not entitled to the property of her ex-husband, therefore, both the Courts below have wrongly issued the succession certificate in favour of the wife.
3. On the other hand, learned counsel for respondent No.1 submits that there is no such law whereby the remarriage of a widow would disqualify her interest in the property of her ex-husband. He would further submit that in view of Section 8 of the HINDU SUCCESSION ACT , the wife belongs to the category of Class I heir along with the mother of the deceased, so the succession Court and the Appellate Court have rightly distributed the claim amount in equal shares to the mother and wife, and there is no such infirmity or illegality in the said order warranting any interference, therefore, this Revision may be dismissed.
4. Having considered the submission of learned counsel for the parties and in view of the Schedule of Section 8 , the wife is a Class I heir along with the mother of the deceased, so both the Courts below have rightly applied the legal principles and issued the succession certificate in an equal manner for the wife and the mother, therefore, this Court does not find any merit or substance in this Revision.
5. Resultantly, the Revision fails and is hereby dismissed
Remarriage of a widow does not disqualify her from inheriting her ex-husband's property under the Hindu Succession Act.
The classification of heirs under the Hindu Succession Act, particularly the distinction between Class I and Class II heirs, is crucial in determining entitlement to succession certificates.
The remarriage of a widow does not divest her of property inherited from her deceased husband under the Hindu Succession Act, 1956, as the Act provides for absolute ownership.
The main legal point established in the judgment is the interpretation of Rule 116(6) of the Pension Rules and its application to determine the entitlement of widows and children to the family pensio....
The central legal point established in the judgment is the determination of the rightful wife of the deceased and the validity of the Succession Certificate and entitlement to family pension.
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