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Supreme Court of India 2023-11-06 partly_allowed

SINCE DEAD THROUGH HIS LRS vs E. VANAJA AND ORS

Bench: 3 — B.R. Gavai, Hima Kohli, Prashant Kumar Mishra

In Brief

A widow of a deceased son claimed a 1/8th share in joint family property and an additional share from her deceased mother-in-law's estate. The trial court awarded 1/8th, the appellate court reduced it to 1/16th, and the High Court granted 1/7th of the mother-in-law's share. The Supreme Court held that while the properties are joint family property, under the Hindu Succession Act, 1956, a widow of a pre-deceased son cannot inherit from her mother-in-law's separate property, as sons, daughters, and the husband rank first in succession. The appeal was partly allowed, confirming the plaintiff's 1/8th share in joint property but denying the additional claim to the mother-in-law's estate.

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Hindu Succession Act Partition and Succession Joint Family Property Family Law Intestate Succession

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