Supreme Court Modifies High Court Judgment in Property Inheritance Case: “No Perversity in Findings”

In a landmark judgment dated November 6, 2023, the Supreme Court of India, comprising Justices B.R. Gavai, Hima Kohli, and Prashant Kumar Mishra, has partially modified a High Court ruling concerning the inheritance of joint family property under the Hindu Succession Act, 1956. The apex court observed that there was “no perversity in the findings” by the High Court, which had determined the status of the disputed properties as joint family assets.

The civil appeal, brought forth by the second defendant posthumously through his legal representatives, challenged the High Court’s decision that had partially allowed a regular second appeal by the plaintiff, granting her a 1/7^th share in the ‘B’, ‘C’, and ‘C1’ schedule properties after the demise of her husband and mother-in-law.

Upon reviewing the evidence and judgments from the lower courts, the Supreme Court found no issues with the High Court’s conclusion that all the suit properties were indeed joint family properties. However, the apex court corrected the legal interpretation concerning the devolution of the deceased mother-in-law’s share. The judgment clarified that the plaintiff, as the widow of a pre-deceased son, is not entitled to the first right to her mother-in-law’s share in the properties.

The Supreme Court’s decision reaffirms the intricate nuances of the Hindu Succession Act, emphasizing the proper application of Sections 15 and 16 in property devolution. This judgment is poised to serve as a precedent for future cases involving the succession and inheritance rights of female Hindus.

Date of Decision: November 06, 2023

SACHIDHANANDAM VS E. VANAJA AND ORS.