The mother of a deceased son has a share in her son’s ancestral and joint family property under the Hindu Succession Act, the Karnataka High Court (HC) has ruled. As the Class-1 heir of her late son, the mother can demand her share even if her husband were alive, the high court has clarified.
While allowing an appeal by one T N Susheelamma, in which she claimed that the judgements of the trial Court as well as the first appellate court were “highly illegal, arbitrary and unjust”, the HC said: “Since the deceased passed away leaving behind the mother, wife and son and they are the Class-I heirs of the deceased Hindu male member of the joint family, the original appellant (Susheelamma) is also entitled for a share in the property left by the deceased Santhosh as Class-I heir and the very approach of the first appellate court is erroneous.”
“No doubt, her husband is alive. But, as soon as her son passed away, she became the Class-I heir of the deceased son and the same was not considered by the trial court and erroneously proceeded that the mother cannot be considered as co-parcener and she cannot claim any independent share in the ancestral and joint family properties,” the high court observed.
Since Susheelamma passed away during the pendency of this second appeal, leaving behind her husband, her daughter and the son of the pre-deceased son, the HC also said her share in the property must be divided among her legal heirs.
When she passed away during the pendency of this appeal, the court said, Section 15 of the Hindu Succession Act, 1956, must be involved to answer this question. General rules of succession for female Hindus says that property of a Hindu female dying intestate should devolve according to the rules set out in Section 16, firstly, upon the sons and daughters, including the children of any pre-deceased son or daughter, and the husband.
Based on this legal position, the HC modified the judgment and decree of the trial court and the first appellate court, granting 10/27 share to the husband, 4/27 share to Suresh’s son, and 3/27 share to Suresh’s wife.
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An alumna of the Indian Institute of Mass Communication, Dhenkanal, Sunita Mishra brings over 16 years of expertise to the fields of legal matters, financial insights, and property market trends. Recognised for her ability to elucidate complex topics, her articles serve as a go-to resource for home buyers navigating intricate subjects. Through her extensive career, she has been associated with esteemed organisations like the Financial Express, Hindustan Times, Network18, All India Radio, and Business Standard.
In addition to her professional accomplishments, Sunita holds an MA degree in Sanskrit, with a specialisation in Indian Philosophy, from Delhi University. Outside of her work schedule, she likes to unwind by practising Yoga, and pursues her passion for travel.
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