When a woman dies childless, the property inherited from the father reverts to her heir as per Section 15(2)(a) of the Hindu Succession Act: Karnataka High Court

 

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

bench of Justice MG Uma saw, “The averments made in the plaint show that the plaintiff is seeking rights over the property through his father. Plaintiff No. 1 being a daughter, died childless, Section 15(2)(a) of the Hindu Succession Act would apply. Therefore, the property claimed by plaintiff No. 1 stands to be transferred to the heirs of his father and not in accordance with Section 15(A) of the Hindu Succession Act.”

In the present case, the petitioner is seeking a writ of certiorari to quash the order of the lower court which had allowed the husband of the respondent, plaintiff No. 1, as her legal heir.

Plaintiff Nos. 1 and 2 filed a suit for partition and separate possession in respect of an item of property stating that the said property was originally owned by the grandfather of the plaintiff and defendant No. 1 and after his demise, it Was transferred to his father. , However, during the pendency of the suit, plaintiff No. 1 died childless.

According to the plaintiff/defendant’s lawyer Advocate AC PatilPlaintiff No. 1 had no problem leaving her husband behind.

After the plaintiff’s husband filed a petition to bring her on record as his legal representative, the trial court allowed the application relying on Section 15(2) of the Hindu Succession Act.

According to the counsel for the petitioner/respondent Advocate Ashish KripakarSince plaintiff No. 1 is the sister of defendant No. 1 and she is claiming the property from her father, it would devolve on the heirs of her father and not on her husband.

As per Section 15(2)(a) of the Hindu Succession Act:

“Any property inherited by a Hindu female from her father or mother shall not, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter), be transferred to the other heirs specified in sub- section (1) in the order specified therein, but on the heirs of the father.”

The Court held that even though the trial Court considered Section 15 of the Hindu Succession Act, it impleaded the husband of the deceased plaintiff No. 1 by ignoring the specific provision of law i.e. Section 15(2)(a) of the Hindu Succession Act. The ordering applications were allowed. Succession Act.

Consequently, it set aside the impugned order and allowed the writ petition.

Reason Title: BN Srikanth Swamy vs. Uma Mahesh & Ors. (Neutral Quote: 2024:KHC:5163)

appearance:

Appellant: Advice. Ashish please

Defendant: Advice. AC Patil, Advisor. B Reddy

Click here to read/download the judgment

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