The court emphasized the distinction between legal heirs under Section 15(1) and 15(2) of the Hindu Succession Act, leaving the resolution of factual disputes to trial.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN &

THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA TH WEDNESDAY, THE 11 DAY OF JUNE 2025 / 21ST JYAISHTA, 1947 OP (FC) NO. 308 OF 2025 AGAINST THE ORDER/JUDGMENT DATED IN OP(OTHERS)

NO.1059 OF 2021 OF FAMILY COURT,KOLLAM PETITIONER/RESPONDENT:

REMA NARAYANAN AGED 75 YEARS W/O LATE NARAYANAN (RETIRED TEACHER), REMA , CHOVVA, KANNOTHUMCHAL P.O. KANNUR VILLAGE, KANNUR TALUK, KANNUR DISTRICT., PIN - 670001 BY ADVS.

SRI.U.K.DEVIDAS SRI.K.K.ANILRAJ RESPONDENT/PETITIONERS 2 AND 3:

1 JEEWA AGED 73 YEARS W/O MURAHARI, KRISHNABHAVAN, HOUSE NO. 1, GURUNAGAR, KALLUMTHAZHAM P.O. KOLLAM DISTRICT., PIN - 691004

2 MURAHARI AGED 78 YEARS KRISHNABHAVAN, HOUSE NO. 1, GURUNAGAR, KALLUMTHAZHAM P.O. KOLLAM DISTRICT, PIN - 691004 BY ADVS.

SRI.K.V.ANIL KUMAR SMT.RADHIKA S.ANIL SHRI.NIJAZ JALEEL THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON

11.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Devan Ramachandran, J.

The petitioner challenges Ext.P8 order of the learned Family Court, Kollam, contending that the respondents herein cannot be construed to be “the legal heirs” of late Ganga - the deceased original petitioner in OP(Others).No.1059/2021.

2. It is pointed out by the petitioner that, through the impugned order, the father and mother of late Ganga - namely the respondents herein – had been allowed to be brought on record to prosecute the Original Petition in her place; but she asserts that this is illegal since, they cannot be construed to be legal heirs of the deceased, under the provisions of Section 15 (1) of the Hindu Succession Act, 1956 ('Act' for short).

3. Sri.K.K.Anilraj, appearing for the petitioner, argued that that Ext.P8 order is inherently flawed because, the learned Family Court has presumed that the property in question - namely the subject matter in the Original Petition, being gold and money – were inherited by the deceased original petitioner – Smt.Ganga from her parents. He argued that this presumption is wholly without basis since it is her parents who are on record now, namely the respondents herein; and thus prayed that Ext.P8 be set aside.

4. Sri.K.V.Anil Kumar, appearing for the respondents, on the other hand, submitted that this is a case where late Smt.Ganga had moved the Original Petition asserting that her gold and money – which were taken away from her by her late husband and the petitioner herein - were given to her by her parents and that it part of her patrimony. He argued that, when the articles in question and cash belonged exclusively to the parents of Smt.Ganga, before it was given to her, the provisions of Section 15 (1) of the 'Act' would not apply; but that it is the mandate of (2) thereof, which would come into play. He predicated that this has been correctly assessed by the learned Family Court, to find that his clients are the legal heirs, or at least the legal representatives, of late Smt.Ganga; and therefore, that Ext.P8 is without error.

5. It is obvious from the afore narrative of the facts and submissions, that the controversy now sought to be projected is whether the respondents herein can prosecute the Original Petition after Smt.Ganga has demised. The argument of the petitioner is that she is the sole legal heir of Smt.Ganga on account of the rigor of Section 15 (1) of the act and hence that the Original Petition is no longer capable of being prosecuted or maintained.

6. Obviously, what the petitioner herein seeks is the dismissal of the Original Petition, on the assertion that she becomes the lawful owner of the articles and cash in question upon the death of Smt.Ganga.

7. We see from Ext.P8 that the learned Family Court has considered the interplay of Sections 15 (1) and 15(2) of the 'Act', to hold that the provisions of the latter would come to the aid of the respondents herein because, the property in question, as also the cash, was obtained by late Smt.Ganga from her parents.

8. We do no