Husband Won’t Get Right Over Property Inherited By Female Hindu From Her Father Or Mother In Absence Of Any Child: Andhra Pradesh High Court

The High Court was considering a writ petition seeking setting aside of an order of the Revisional Authority-cum-Joint Collector which according to the petitioner was contrary to Section 15(2)(a) of Hindu Succession Act 1956.

The Single Bench of Justice Tarlada Rajasekhar Rao held, “The bare reading of Section 15 (2): (a) of Hindu Succession Act 1956 clearly outlines that if the property is inherited by a female Hindu from her father or mother in the absence of any of child, the property of the deceased shall go to the legal heirs of father. The husband will not get any right over the property inherited by her from her father.”

Advocate G Venkata Subba Raju represented the Petitioner while Government Pleader represented the Revenue.

Factual Background

One Chikkala Venkayamma is the owner of the suit property. Her son Dattatreya has two daughters. She executed a gift settlement deed of the said property to her first granddaughter, Srivirita (wife of Naga Veera Venkata Sri Rama Dora who is the fifth unofficial respondent). The name of Srivirita was mutated in the revenue records and a pattadar passbook was issued in her favour. Srivirita died, the donor of property i.e., Dattatreya got cancelled the gift deed executed in her favour and executed a registered Will in favour of second granddaughter Devika Manasa(first writ petitioner). The second writ petitioner is the father of Devika Manasa.

When the original owner of the property, Venkayamma, died, the writ petitioner made an appeal to the Revenue Divisional Officer to mutate or incorporate her name in place of her sister Srivirita in the revenue records. The appeal was disposed of by the Revenue Divisional Officer. The Pattadar passbooks and Title Deed, earlier in the name of Srivirita, were cancelled. The order of the Revenue Divisional Officer was challenged before the Revisional Authority-cum-Joint Collector under Section 9 of the A.P. Rights in Land and Pattadar Passbooks Act, 1971, by the fifth unofficial respondent, who is the husband of the deceased Srivirita. The Revision was allowed. Aggrieved thereby, the petitioners approached the High Court.

Reasoning

The Bench, at the outset, explained that as per Section 15 (2)(a) of the Hindu Succession Act 1956, if the property is inherited by a female Hindu from her father or mother in the absence of any child, the property of the deceased would go to the legal heirs of the father. Reference was made to the judgment of the Madhya Pradesh High Court in Anandilal Jhariya and another Vs. Ramlal Jhariya and another (2010) wherein it has been held that when property is inherited by a daughter from her father, and such daughter dies issueless, the property will devolve upon her father's heirs and not upon her husband or his family.

The Bench thus stated, “And as rightly argued by the counsel for the petitioners, when the unofficial respondent is not entitled for the property pursuant to the Section 15 (2)(a) of Hindu Succession Act 1956, the unofficial respondent is not entitled to claim over the property and in view of the same the gift deed executed by the original owner in favour of the wife of 5th unofficial respondent does not get any right over the property.”

The Bench was of the view that pursuant to Section 15 (2)(a) of the Hindu Succession Act, the fifth unofficial respondent, who is the husband of the deceased Srivirita, was not entitled to question the cancellation of registration executed by the original owner, as he had not derived any title from his wife.

Cause Title: Chikkala Devika v. The State Of AP (Case No.: Writ Petition No. 12421/2023

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