Hindu Succession Act| Widow Is Not Disqualified From Inheriting Husband’s Estate Because Of Her Remarriage: Madras HC
The Madras High Court has held that the Hindu Succession Act does not disqualify a widow from inheriting her husband's properties upon remarriage.
The Court set aside the Order of the Trial Court wherein it was held that a widow was disqualified from inheriting her deceased husband’s property due to remarriage. The Bench pointed out that the Hindu Succession Act, 1956 (HSA), overrides disqualifications under the Hindu Widow’s Remarriage Act, 1856.
A Division Bench of Justice R. Subramanian and Justice C. Kumarappan held, “The Hindu Succession Act,1956 does not contain a provision, which disqualifies widows from inheriting their husband's properties or disqualifying the widows from taking a share in the husband's property upon remarriage.”
Advocate R. Nalliyappan appeared for the Appellants, while Advocate R. Munusamy represented the Respondents.
The partition suit was filed in 2013 by the plaintiff, claiming a half share in the properties. The first property was settled in 1946 among the sons and nephews of the deceased. The settlement provided for life interest, with the properties devolving upon the male issues of the settlees.
The second property was jointly purchased by the plaintiff and the first defendant in 1978, while the third property was claimed as ancestral property inherited by the plaintiff and the first defendant from their father. The plaintiff contended that the properties had not been partitioned and sought division and separate possession.
The second defendant, widow of the father’s predeceased son, claimed a 1/3rd share in the first and third properties. However, the Trial Court disqualified her from inheritance on the ground of her remarriage to the first defendant.
The High Court held that Section 4 of the HSA gave “an overriding effect to the provisions of the Act over any other law that was in force immediately before the commencement of the Act insofar as it is inconsistent with any of the provisions contained in the Act.”
The only provision that imposed a disqualification on widows, the Bench pointed out was Section 24 of the HSA which stood prior to its repeal by the Hindu Succession Amendment Act, 39 of 2005.
“Therefore, when succession opened to the estate of Chinnaiyan in the year 1968, the Hindu Succession Act had come into force. Any text or rule of Hindu law or any statutory provision in any other enactment that is inconsistent with the provisions of the Act will cease to apply. Therefore, Section 2 of the Hindu Women's Right to Property Act, 1937 will cease to apply,” the Court stated.
Consequently, the Court held that “the Trial Court was not right in concluding that the second defendant, widow of one of the sons of Sevi Gounder, is disqualified from inheriting as a widow of her husband because of her remarriage.”
Cause Title: Malliga (D) & Ors. v. S. Shanmugam (D) & Ors.
