Sunday, July 25, 2021
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Sunday, July 25, 2021
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Parental Side Kin Can’t Be Held As Strangers’ To The Property Of A Hindu Widow, Says SC

The Supreme Court has said that under the Hindu Succession Act, the parental side kin of Hindu widow are fully liable to get her property, they can’t be considered as outsiders.

The bench headed by Justices Ashok Bhushan and R Subhash Reddy said, under Section 15(1)(d) of the Act the heirs of the widow’s father are all liable under the succession of property act.

“A perusal of the Section indicates that heirs of the father are covered in the heirs (of the property), who could succeed. When heirs of father of a female are included as person who can possibly succeed, it can’t be held that they are strangers and not the members of the family qua the female,” said the bench in a statement.

Section 15 says “the property of a female Hindu dying intestate (not having made a will) shall devolve according to the rules set out in Section 16 — (a) firstly, upon the sons and daughters (including the kids of any predeceased son or daughter) and the husband; (b) upon the heirs of the husband; (c) upon the mother and father; (d) upon the heirs of the father; and (e) lastly, upon the heirs of the mother.”

Supreme Court upheld the verdict given by the HC and the trial court which allowed the childless woman to transfer her property to her brother’s son. After the verdict passed, the woman named Jagno became the absolute owner of her husband’s property after his death.

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