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M. R. ANITHA
Binu W/o Kunduparambil Late Suresh – Appellant
Versus
Valsala D/o Karumathi Padinjaraveettil Kunduparambil Janakyamma – Respondent
JUDGMENT :
M.R. ANITHA, J.
1. This appeal has been directed against the judgment and decree in A.S. No. 51/2020 on the file of Principal Subordinate Judge's Court, Irinjalakuda, which arise out of O.S. No. 1284/2018 on the file of Additional Musniff Court, Irinjalakuda.
2. The suit was one for partition filed by the mother with respect to the property belonged to her deceased son Suresh. The defendants are the wife and children of the deceased son. (For convenience parties would hereinafter be referred as per their status before the trial court). The son died intestate and parties are governed by Hindu Succession Act, 1956 (for short, the Act) and plaintiff claimed 1/4th share out of the schedule property with share of profits.
3. Defendants filed written statement contending that they are the only legal heirs of deceased Suresh and plaintiff is not entitled to any share in the property in view of the subsequent development of law. It is denied that the defendants let out the building on monthly rent of Rs. 4,500/-. The house is in a dilapidated condition. It is also contended that the properties are not in joint possession.
4. PW-1 examined and Exts.A1 to A3 marked from the side of the
The mother of a male Hindu dying intestate inherits property as a full owner, and her right to partition is maintainable under the Hindu Succession Act, 1956, despite the 2015 amendment.
The amendment to Section 15(2)(c) of the Hindu Succession Act grants rights to a widow of a predeceased son to inherit property, overriding dissolution of marriage.
Property of a female Hindu dying intestate shall devolve, firstly, upon sons and daughters (including children of any pre-deceased son or daughter) and husband.
(1) If a property of a male Hindu dying intestate is a self-acquired property or obtained in partition of a coparcenary or a family property, same would devolve by inheritance and not by survivorship....
Succession--On the death of a female intestate, not having her own children including grand children, the property which was inherited from her father would devolve upon the heirs of her father.
The succession to self-acquired property of a Hindu male dying intestate primarily devolves on male heirs, excluding female relatives unless no male issue exists.
Section 15(2) of Hindu Succession Act deal with inheritance from parental family of a female Hindu.
The court affirmed that ancestral property remains so despite partition, and daughters are entitled to equal shares under the Hindu Succession Act, 1956, as amended.
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