SACHIDHANANDAM SINCE DEAD THROUGH HIS LRS. versus E. VANAJA AND ORS.

SACHIDHANANDAM SINCE DEAD THROUGH HIS LRS. versus E. VANAJA AND ORS.

A combined reading of Section 15(1)(a) and Section 16 of the Hindu Succession Act, 1956 establishes that on the intestacy of a female Hindu the property devolves first upon her sons and daughters (including children of any pre-deceased son or daughter) and the husband; consequently the widow of a pre-deceased son does not have the first right to receive any share in her mother-in-law's share. The High Court's finding that the suit properties are joint family properties is not perverse, but the High Court erred in allotting a 1/16th share to the plaintiff out of her mother-in-law's share.

Parties
Appellant: Sachidhanandam since dead through his LRs.; Respondent: E. Vanaja
Jurisdiction
India
Judgment Date
06 November 2023
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Civil Appeal No. 3667 of 2018 allowed in part; impugned High Court judgment modified to the extent that the plaintiff-respondent is not entitled to a 1/16th share in the share of her mother-in-law; otherwise High Court judgment and decree affirmed.
Legal Topics
Order of Succession, Distribution Among Heirs, Rights of Widow of Pre Deceased Son, Interpretation of Ss.15 and 16 of Hindu Succession Act, 1956, Mesne Profits, Validity of Will
Hindu Succession Act, 1956 Succession Family Law Partition Joint Family Property Order of Succession Distribution Among Heirs Rights of Widow of Pre Deceased Son +3 more

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Parties

Sachidhanandam since dead through his LRs.

Appellant

E. Vanaja

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether under the Hindu Succession Act, 1956 the widow of a pre-deceased son has the first right to receive any share in the share of her mother-in-law.
  2. 2 Whether the suit properties are joint family properties.
  3. 3 Whether the plaintiff was entitled to 1/16th share in her mother-in-law's share in the suit properties.

Ratio Decidendi

A combined reading of Section 15(1)(a) and Section 16 of the Hindu Succession Act, 1956 establishes that on the intestacy of a female Hindu the property devolves first upon her sons and daughters (including children of any pre-deceased son or daughter) and the husband; consequently the widow of a pre-deceased son does not have the first right to receive any share in her mother-in-law's share. The High Court's finding that the suit properties are joint family properties is not perverse, but the High Court erred in allotting a 1/16th share to the plaintiff out of her mother-in-law's share.

Court Disposition

Civil Appeal No. 3667 of 2018 allowed in part; impugned High Court judgment modified to the extent that the plaintiff-respondent is not entitled to a 1/16th share in the share of her mother-in-law; otherwise High Court judgment and decree affirmed.

Orders

  • Civil Appeal No. 3667 of 2018 allowed in part.
  • The impugned High Court judgment is modified to the extent that the plaintiff-respondent no.1 is not entitled to 1/16th share in the share of her mother-in-law in the suit properties.