Bom HC | Sister’s right in ancestral property upheld by virtue of Hindu Women’s Right to Property Act and Hindu Succession Act

Bombay High Court: Sandeep K. Shinde, J., upheld the order of the first Appellate Court whereby it reversed the trial court’s decision and held that the sister (respondent herein) was entitled to a right in the ancestral property along with her brother (appellant herein).

One Waman Bala died in 1944 leaving behind the parties herein and their mother. The character of the suit property was ancestral. After Waman’s death, the name of the brother was alone entered into the records of rights of the suit property. Their mother left the house in 1972 in a state of insanity and her whereabouts were not known. The sister, apprehending alienation of the property by the brother, filed a suit claiming her rights in the same. The suit was defended by the brother and the trial court dismissed the suit. The sister challenged the said decision and the first Appellate Court reversed the trial court’s decision. Aggrieved thereby, the brother filed the present appeal.

While discussing the law in the subject, the High Court referred to Section 3 (devolution of property) of the Hindu Women’s Right of Property Act, 1937. As per Section 3(2) and (3), if a Hindu governed by any school of law other than Dayabhaga dies, his right in Hindu Joint family property devolves on his wife with limited interest which is known as the Hindu Woman’s Estate. Also as per sub-section (1) of Section 14 (property of a female Hindu to be her absolute property) of the Hindu Succession Act, 1956 a Hindu female is a full owner of any property possessed by her, and this includes all modes of acquisition including inheritance or device [Explanation to Section 14(1)].

Thus, observed the Court: “the limited interest or Hindu Woman’s Estate [acquired under Section 3 of the Hindu Women’s Right Property Act] shall be held by the widow as full owner in terms of provisions of Section 14(1) of Hindu Succession Act, 1956″.

In the case at hand, the Court stated: “it is not in dispute that mother of the plaintiff and the defendant had died after 1956 and, therefore, her interest in the property would devolve as per the scheme in terms of Section 15 of the Hindu Succession Act, 1956. Thus, her property will devolve upon her sons, daughters and husband.”

On the holistic view of the matter, the Court found no error with the order of the first Appellate Court. Therefore, the present appeal was dismissed. [Jagannath Waman Undre v. Yamunabai Sitaram Kadam, 2019 SCC OnLine Bom 566, decided on 01-04-2019]

5 comments

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    Hamare Pita ki Mrityu 1970 mein ho gayi thi Hamari bahan property Meinhissa mang rahi hai Hamare Dada Ne property khud kharidi thi uska hissa banta hai ya nahin

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      Mera father ki two wife the. 1st marrage 1982 ma hue the. but thori problem tha jiska karan mera father na 2nd marrage ki 1998 ma jisha uhna 2 beta hai. Aur 1st wali wife sa uhna 2 beti the kiski sadi mera father na khud ka paysa sha karwa deaya hai .. Aur ab meri step sister papa ki properti ma hissa mang rahi hai . Aur meri mother ki property ma bhe hissa mang rahi hai. Meri mother 2nd wife hai mera father ki. So plese help me out kya unka hissa hota hai mera father ya fir mera mother ki property par .

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    I want to join you email I’d is dhendeanjali@gmail.com

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    So do daughters have full right on their fathers property now?

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      No it is not like that every case is having different facts therefore, nobody can answer the question unless know the facts.

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