Court Sets Aside Joint Collector's Order, Directs Mutation of Property in Favor of Granddaughter
In a significant ruling, the Andhra Pradesh High Court has upheld the property rights of female heirs under the Hindu Succession Act, 1956, in the case of Chikkala Devika Manasa v. State of AP. The court set aside the decision of the Revisional Authority-cum-Joint Collector, Anakapalli, which had allowed a husband's claim over property inherited by his deceased wife from her parents. The High Court directed the mutation of the property in favor of the granddaughter, Chikkala Devika Manasa, reinforcing the legal principle that such property should devolve upon the heirs of the father in the absence of any children.
The case revolved around a property in Pentakota Village, originally owned by Chikkala Venkayamma, who had executed a gift deed in favor of her granddaughter, Srivirita. Following Srivirita's untimely death, Venkayamma canceled the gift deed and bequeathed the property to her other granddaughter, Chikkala Devika Manasa, through a registered will. The Revenue Divisional Officer had previously ordered the mutation of the property in Devika Manasa's name, a decision challenged by Srivirita's husband, which was initially overturned by the Joint Collector.
Presiding over the matter, Justice Sri Tarlada Rajasekhar Rao emphasized the provisions of Section 15(2)(a) of the Hindu Succession Act, clarifying that property inherited by a female from her parents should revert to the father's heirs in the absence of direct descendants. The court also referenced the Madhya Pradesh High Court's judgment in Anandilal Jhariya v. Ramlal Jhariya, which supports this interpretation.
The court further ruled that the cancellation of the gift deed could not be contested by the deceased's husband, as he held no legal entitlement to the property. By restoring the Revenue Divisional Officer's order, the court directed the Tahsildar of Payakaraopeta to reflect the rightful heir's name in the revenue records.
This judgment reaffirms the legal position on the devolution of property under the Hindu Succession Act, ensuring that inheritance rights of female descendants are protected and aligned with statutory provisions.
Bottom Line:
Hindu Succession Act, 1956 - Property inherited by a female Hindu from her father or mother shall devolve upon the heirs of the father in the absence of any son or daughter of the deceased. Husband or his family does not acquire rights over such property.
Statutory provision(s): Hindu Succession Act, 1956 Section 15(2)(a), A.P. Rights in Land and Pattadar Passbooks Act, 1971
Chikkala Devika Manasa v. State Of AP, (Andhra Pradesh) : Law Finder Doc id # 2874679
