How to find the share of daughter-in--law in property of Mother-n-law?

#Property_law #saledeed #probate #Transfer_of_Property_Act #Letter_of_Administration #Registered_Will #Unregistered_Will
Sachidhanandam vs E Vanaja And Ors. on 6 November, 2023
2023 INSC 984 CA NO.3667/2018
Bench: Prashant Kumar Mishra, Hima Kohli, B.R. Gavai
PRASHANT KUMAR MISHRA, J.
Supreme Court has the issue:
I liked this judgment because a basic legal provision can be missed by the 3 courts below. The SC dealt in and the result of litigation changed.
Whether Vajana can be allotted a share out of the share of her mother-in-law?
To understand it we need to see the provisions contained in Sections 15 (1)(a) and 16 of the Hindu Succession Act, 19561?
“15. General rules of succession in the case of female Hindus.-
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,-
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1),-
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub- section (1) in the order specified therein, but upon the heirs of the husband.
16. Order of succession and manner of distribution among heirs of a female Hindu.-
The order of succession among the heirs referred to in section 15 shall be, and the distribution of the intestates property among those heirs shall take place according to the following rules, namely:-
Rule 1.-Among the heirs specified in sub- section (1) of section 15, those in one entry shall be preferred to those in any succeeding entry and those included in the same entry shall take simultaneously.
Rule 2.-If any son or daughter of the intestate had pre-deceased the intestate leaving his or her own children alive at the time of the intestate’s death, the children of such son or daughter shall take between them the share which such son or daughter would have taken if living at the intestate’s death.
Rule 3.-The devolution of the property of the intestate on the heirs referred to in clauses (b), (d) and (e) of sub-section (1) and in sub-section (2) to section 15 shall be in the same order and according to the same rules as would have applied if the property had been the father’s or the mother’s or the husband’s as the case may be, and such person had died intestate in respect thereof immediately after the intestate’s death.”
• Sections 15 and 16 of the Act provide that the property of a female Hindu dying intestate shall devolve according to the rules set out in Section 16. Section 15(1)(a) provides that such devolution shall be firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband.
• A combined reading of Section 15(1)(a) and Section 16 of the Act would make it manifest that the property of a female Hindu dying intestate shall devolve, firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband.
• Therefore, the plaintiff being the widow of the pre-deceased son does not have the first right or entitlement to receive any share in the share of her mother-in- law.
• SC modified the judgment only to the extent that Vanjana is not entitled to 1/16th share in the share of her mother-in-law in the suit properties.
This judgment was of full court comprising of Justice B.R. Gavai, Justice Hima Kohli & Justice Prashant Kumar Mishra.On 26th NOVEMBER, 2023

[@shrinivasjadhav7298]

Very nice information sir ji thank you very much sir ji 👏

[@ravirajput7894]

Please share latest SC Judgement or it's citation, wherein difference between coparcenary property, Self-acquired property and Separate property is explained properly... Thanks 🙏

[@legal_outlook]

@@ravirajput7894 Sure. I will try to explain.

[@vijaybhure542]

Sir make a video on section 8,15 and 30 of hindu succession act with difference between 8,15 and 30 with applicability

[@legal_outlook]

I have discussed these sections but I'll make according to your request.

[@manohermathrani5410]

Yes