Hindu widow's estate: husband's property devolves to his heirs under Section 15(1)(b); paternal inheritance to father's heirs under 15(2)(a).

JUDGMENT :

A.D. MARIA CLETE, J.

1. This Testamentary Original Suit arises out of a petition filed under Sections 218 and 278 of the Indian Succession Act, 1925 seeking grant of Letters of Administration in respect of the estates of Late S. Venkatasubramanian and his wife Late S. Sumathi, both of whom admittedly died intestate. Upon caveat entered by the defendants, the Original Petition stood converted into the present suit.

2. The brief background of the case is as follows:

The essential facts are not in controversy: Late S. Venkatasubramanian died on 06.05.2021. His wife, late S. Sumathi, survived him and died on 09.05.2021, within three days. The couple had no children. Both died intestate. The plaintiffs are the sisters of late S. Venkatasubramanian. The defendants are the descendants of the sister (Geetha) of late S. Sumathi.

3. The following issues arise for consideration:

(i) Whether the plaintiffs are entitled to grant the Letters of Administration?

(ii) If so, to what extent and in respect of which properties?

4. The plaintiffs marked Exs.P1 to P53. These include the death certificates, marriage invitation, family card, Aadhaar and PAN cards of the deceased, two gift deeds of 1989, the registered partition deed dated 08.09.2016 as Ex. P11, the sale deed dated 08.09.2016 as Ex.P12, and the various bank, finance and post office deposits as Exs.P13 to P25. Exs.P26 to P38 relate to the identity and legal-heirship materials of the plaintiffs and supporting witnesses. Exs.P39 to P52 are correspondence with authorities and financial institutions. Ex. P53 is an unregistered confirmation deed of partition dated 13.05.2004, to which objection was raised by the defendants.

5. Devolution of Estate of Husband: On the death of late S. Venkatasubramanian, succession opened under Section 8 of the Hindu Succession Act, 1956. His widow, late S. Sumathi, being the sole Class I heir, inherited the entire estate. Even though she survived only for three days, the succession stood completed in law. By virtue of Section 14 of the said Act, the property vested in her as absolute owner. Thus, the estate of the husband merged with and became part of the estate of the wife.

6. Devolution of Estate of Wife: Upon the death of late S. Sumathi intestate and issueless, succession to her estate is governed by Section 15 of the Hindu Succession Act. The scheme is as follows:

1. Section 15(1)(b): Property devolves upon the heirs of the husband

2. Section 15(2)(a): Exception – property inherited from father/mother devolves upon heirs of father Therefore, a distinction must be made between:

(i) Property inherited from husband

(ii) Property inherited from father

(iii) Property independently acquired

7. Analysis of Properties: Properties inherited from husband: The estate originally belonging to late S. Venkatasubramanian, which vested in late S. Sumathi, devolves under Section 15(1)(b) upon the heirs of the husband. The plaintiffs, being the sisters of the deceased husband, fall within that category and are entitled.

8. At this juncture, it becomes necessary to address the manner in which the present proceedings have been framed, namely, as a petition for grant of Letters of Administration in respect of the estates of both late S. Venkatasubramanian and late S. Sumathi.

9. On facts, it is clear that late S. Venkatasubramanian died intestate on 06.05.2021, and his wife late S. Sumathi survived him and died only on 09.05.2021. In law, suc