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BOTH SON AND DAUGHTER HAVE RIGHT IN THE INHERITED PROPERTY OF THEIR MOTHER IF SHE DIES INTESTATE: Bombay High Court

Team SoOLEGAL 11 Apr 2019 4:11pm

BOTH SON AND DAUGHTER HAVE RIGHT IN THE INHERITED PROPERTY OF THEIR MOTHER IF SHE DIES INTESTATE: Bombay High Court

In Shri Jagannath Waman Undre v. Smt. Yamunabai Sitaram Kadam, Bombay High Court has recently reiterated upon the transfer of inherited property of a Hindu widow who died intestate.

In a matter before the Court, a man died in 1944, leaving behind his wife, a daughter and a son. After his wife's death, only the son's name was entered for claiming the rights of the disputed property. But he was a minor at that time, therefore the name of his mother was mentioned as natural guardian. Eventually in the year 1972, the mother became mentally sick and left the house. Her daughter filed the suit after her mother's death. In the suit, she claimed her rights in the ancestral property. But the suit was dismissed by the Trial Court. Later the decision was reversed by District Judge, Pune.
Justice Sandeep K Shinde heard appeal and held that the appellate district court was correct in law in reversing the order of dismissal by the trial court and dismissed the appeal. The inherited property of a widow covered under the Hindu Succession Act shall devolve upon her children i.e., sons and daughters.

Provisions of Hindu Women's Right to Property Act, 1937 and Hindu Succession Act, 1956 were also examined by the Bombay High Court as follows:

"Under­section (2) of Section 3 of Hindu Women's Right to Property Act, 1937 when a Hindu governed by any school of Hindu law other than Dayabhaga dies having at the time of his death interest in Hindu joint family property, his widow shall have the same right, widow shall have in the property the same interest as the deceased had. However, such interest shall be limited interest known as Hindu woman's estate. Any property possessed by female Hindu whether acquired before or after the commencement of the Act shall be held by her as full owner thereof and not as a limited owner"

 Thus, the man claiming whole of the right over the ancestral property of his parents was denied of his such claim and hence the Court and ruled in favor of his sister who is claiming her right over the said property.

Tagged: Inheritence   Bombay High Court   Justice Sandeep K Shinde  
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