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IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V, K.V.JAYAKUMAR
Neelakandan K.N. – Appellant
Versus
State Of Kerala, Represented By Its Principal Secretary, Revenue (Devaswom) Department – Respondent
| Table of Content |
|---|
| 1. hereditary rights in family context (Para 2 , 4 , 5 , 6 , 8) |
| 2. legality of board orders (Para 9 , 10 , 11) |
| 3. role of a daughter-in-law in family (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. claim to hereditary rights (Para 22 , 24) |
| 5. justification of court's ruling and orders (Para 23 , 25) |
JUDGMENT :
K. V. Jayakumar, J.
This Writ petition is filed under Article 226 of the Constitution of India .
2. The 1st petitioner Sri. Neelakandan K.N., states that he is a senior citizen and a member of Kizheppattu Pushpakam, a Nambisan family. The said family is holding the hereditary right of Kazhakam in the Sree Danuvandhari Temple, Nelluvai (hereinafter referred to as “the temple’). According to the petitioner, he inherited the right of Kazhakam by his birth in the said family.
3. The 1st petitioner is aged 70 years and he made a request to the 3rd respondent, the Secretary Cochin Devaswom Board to permit him to hand over the hereditary/karaima service rights of the family to the 2nd petitioner, Anjali, who is the daughter-in-law of the 1st petitioner.
4. The petitioner further contended that, as per the succession right prevailing in the Nambisan community in the erstwhile C
The court affirmed that a daughter-in-law can inherit hereditary rights based on evolving customs, emphasizing her essential role in family dynamics.
The inability to inherit customary temple rights under Marumakkathayam law without clear familial claim and judicial acknowledgment of related documents.
A daughter cannot inherit property from a father who died before the Hindu Succession Act, 1956, if he left behind a widow.
(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....
Devolution of interest in coparcenary property¯Daughter would not have any right, either limited or absolute, by inheritance prior to coming into force of Hindu Succession Act, 1956 in property of he....
Daughters are ineligible to inherit under Mitakshara Law prior to 1956, affirming that property succession is limited to male heirs in such cases.
The court affirmed that children of a deceased woman inherit her estate under the Hindu Succession Act, irrespective of their birth order, unless adoption is proven, as the mother's remarriage does n....
(1) Revenue records are not documents of title, but they are evidence of possession. (2) Succession—Customs are not fossilized structures, nor are they etched on stone but are living organism rooted ....
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.
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