The Supreme Court has ruled in a grand judgment that those who come from the father of a Hindu woman can be considered heirs to her property. Such family members are not considered to be persons outside the family, Hindus are covered by Section 15.1d of the Succession Act and the property is inherited.
In the Supreme Court decision, the family members of a woman’s father are covered by the heirs under section 15.1d of the Hindu Succession Act, 1956. Justice Ashok Bhushan’s reading of Section 13.1.D clearly shows that the father’s heirs are considered heirs, that they can take possession of the property. However, when the heirs are added by the woman’s father, who can claim the property, they cannot be said to be strangers to the family and not members of the woman’s family.
What matters
The court granted the arrangement in a case where a woman named Jagno obtained her husband’s property. Her husband died in 1953. He had no children, so the wife got half of the farm property. According to Section 14, after the Succession Act of 1956, the wife became the sole heir of the property. After this, Jagno contracted the property and handed over the property to his brother’s sons. Following this, his brother’s sons sued in civil court in 1991. Jagno did not face it and gave his recommendation.
The recommendation is questioned
The court granted the ownership of the property to Jagno’s brother’s sons with a summons, but Jagno’s husband’s brothers opposed the transfer of the property and they challenged the recommendation. He said the Hindu widow does not form a joint Hindu family with her father’s family. Therefore this property cannot be made in the name of his father’s children. The family disposition can only be made with the claimant already in possession of the property. However, the High Court dismissed his application. Then he came to the Supreme Court.
The Supreme Court has defined Section 15.1.D of the Hindu Succession Act.
The Supreme Court interpreted Section 15.1.D of the Hindu Succession Act and said that the relatives of a Hindu woman’s father are not strangers, they too are part of the family. The word ‘family’ in the law cannot be narrowed down to a broader meaning, including the family of a Hindu woman. The Court has made it clear that there is no need to register under Section 17.2 of the Registration Act, if there is any recommended judgment on property that has already been created.
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