Self-acquired property of a deceased Hindu mother devolves equally upon her legal heirs

Madras High Court Upholds Equal Succession Rights in Family Property Dispute. Judgment affirms equal inheritance among siblings, dismissing claims based on alleged Will and Benami transaction

In a significant ruling, the Madras High Court has dismissed the appeal suits filed by Amsaveni, reinforcing the trial court's decision for equitable partition of a self-acquired property among legal heirs. The judgment, delivered by Justice R. Sakthivel, reaffirms the principles of Hindu succession law, emphasizing equal inheritance rights among siblings in the absence of a valid Will.

The dispute revolved around a 3-acre property in Udumalapet, originally owned by Ranganayaki, who passed away intestate in 2006. Amsaveni, one of Ranganayaki's daughters, contested the trial court's decision, claiming exclusive ownership based on a purported Will executed by Ranganayaki and alleging a Benami transaction. However, the court found the Will to be invalid, surrounded by suspicious circumstances, and dismissed the plea of Benami as unsustainable under the Prohibition of Benami Property Transactions Act, 1988.

Justice Sakthivel emphasized that the self-acquired property of a deceased Hindu mother devolves equally upon her legal heirs under Section 15 of the Hindu Succession Act, 1956. The judgment highlighted that mutation of revenue records in the name of one heir does not confer exclusive title, reinforcing the principle of equal rights among siblings.

The judgment also scrutinized the alleged Will, noting discrepancies in property description and lack of evidence to prove the testatrix's sound mind and voluntariness. The court pointed out that the Will excluded natural legal heirs, which raised doubts about its validity. Furthermore, the evidence presented failed to satisfy statutory requirements for proving a Will under the Indian Succession Act, 1925, and the Indian Evidence Act, 1872.

The court criticized the fraudulent decree obtained by Amsaveni, highlighting the suppression of material facts and manipulation of addresses to exclude other heirs from legal proceedings. Such acts were deemed void, reinforcing the principle that fraud vitiates solemn acts, as established in previous Supreme Court judgments.

The judgment serves as a precedent in reinforcing equitable inheritance rights and the importance of adhering to statutory provisions in succession disputes. It underscores the judiciary's role in safeguarding the principles of justice and preventing fraudulent claims in inheritance matters.

Bottom Line:

Partition and Succession - Self-acquired property of a deceased Hindu mother devolves equally upon her legal heirs under Section 15 of the Hindu Succession Act, 1956, in absence of a valid Will.

Statutory provision(s): Hindu Succession Act, 1956 Section 15, Indian Succession Act, 1925 Section 63, Indian Evidence Act, 1872 Section 68, Prohibition of Benami Property Transactions Act, 1988, Code of Civil Procedure, 1908, Tamil Nadu Court-Fee and Suits Valuation Act, 1955 Section 37 (2).

Amsaveni v. M. Rajalakshmi, (Madras) : Law Finder Doc Id # 2805142