The Karnataka High Court recently ruled that when a woman passes away without children, her property that she inherited from her father goes to her father's heirs.

The bench of Justice M G Uma observed, “The averments made in the plaint disclose that plaintiffs are seeking right over the property through their father. Plaintiff No.1 being the daughter who died issueless, Section 15(2)(a) of Hindu Succession Act would be applicable. Therefore, the property which is claimed by plaintiff Nos.1 devolve upon heirs of her father and not in accordance with Section 15(a) of Hindu Succession Act.”

In the present case, Petitioner is seeking writ of certiorari to quash the order of the lower Court which allowed the defendant, husband of plaintiff no.1 as her legal heir.

Plaintiffs Nos.1 and 2 filed the suit for partition and separate possession in respect of one item of property contending that the said property was originally owned by the grandfather of the plaintiff and defendant No.1 and after his demise, it devolved on their father. However, during the pendency of the suit, plaintiff No.1 died issueless.

As per the Counsel for the plaintiff/respondent Advocate A.C. Patil, plaintiff No.1 was not having issues that she left behind her husband.

The Trial Court allowed the application relying on Section 15(2) of the Hindu Succession Act after it was filed by plaintiff’s husband to bring him on record as her legal representative.

As per the Counsel for the petitioner/defendant Advocate Ashish Krupakar, since plaintiff No.1 is the sister of defendant No.1 and she is claiming property from her father, it will devolve upon heirs of the father and not on her husband.

According to Section 15(2)(a) of the Hindu Succession Act:

"Any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father"

The Court observed that even though trial Court considered Section 15 of Hindu Succession Act it proceeded to allow the applications ordering to implead husband of deceased plaintiff No.1 ignoring the specific provision of law i.e., Section 15(2)(a) of the Hindu Succession Act.

Consequently, it set aside the impugned order and allowed the Writ Petition.

Cause Title: B.N. Sreekanta Swamy v. Uma Mahesh & Ors. ( Neutral Citation: 2024:KHC:5163)

Appearance:

Appellant: Adv. Ashish Krupakar

Respondent: Adv. A.C. Patil, Adv. B. Reddy

Click here to read/download Judgment


Karnataka High CourtJustice MG UmaHindu Succession Act

Tanveer Kaur