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Hindu Woman's Father's Family Members Can Be Considered Heirs In Her Property: Sc
By: Tupaki Desk | 25 Feb 2021 6:03 AM GMT
In what it could be a landmark verdict, the Supreme Court has ruled a crucial judgment stating that a Hindu woman can consider the family members of her father as heirs in her property and her father's side family members cannot be seen as outsiders.
The country's top court said as per Section 15.1.D of the Hindu Succession Act, 1956. Women's father's side members can inherit her property.
The Apex Court gave this verdict in the property case of woman Jagno. Going into details, the woman lost her husband in 1953. The couple didn't have children. So the woman became the sole heir of the property according to Section 14 of the Succession Act, 1956.
Later, the woman transferred the property she inherited tpo her brother's son. In 1991, Jangno's brother's son has filed a lawsuit to declare the property's ownership. The lady did not counter the lawsuit.
Jagno's husband's brothers countered the decision and filed a counter lawsuit, in which they claimed that a Hindu widow cannot form a joint Hindu with her father's family.
After the High Court dismissed their petition, the woman’s in-laws have knocked on the doors of the Supreme Court.
Interpreting Section 15.1.D of the Hindu Succession Act, the top court ruled out that the relatives of a Hindu woman’s father cannot be seen as strangers and they are also a part of the family. The bench said the word family cannot have a narrow meaning in the law.
"If there is any recommendation decree on the property that has already created the rights, there is no need to get it registered under Section 17.2 of the Registration Act," the bench said.
The country's top court said as per Section 15.1.D of the Hindu Succession Act, 1956. Women's father's side members can inherit her property.
The Apex Court gave this verdict in the property case of woman Jagno. Going into details, the woman lost her husband in 1953. The couple didn't have children. So the woman became the sole heir of the property according to Section 14 of the Succession Act, 1956.
Later, the woman transferred the property she inherited tpo her brother's son. In 1991, Jangno's brother's son has filed a lawsuit to declare the property's ownership. The lady did not counter the lawsuit.
Jagno's husband's brothers countered the decision and filed a counter lawsuit, in which they claimed that a Hindu widow cannot form a joint Hindu with her father's family.
After the High Court dismissed their petition, the woman’s in-laws have knocked on the doors of the Supreme Court.
Interpreting Section 15.1.D of the Hindu Succession Act, the top court ruled out that the relatives of a Hindu woman’s father cannot be seen as strangers and they are also a part of the family. The bench said the word family cannot have a narrow meaning in the law.
"If there is any recommendation decree on the property that has already created the rights, there is no need to get it registered under Section 17.2 of the Registration Act," the bench said.
