In a significant ruling, the Karnataka High Court has declared that a mother becomes a Class-I heir to her pre-deceased son’s share in ancestral and joint family properties. This holds true even if her husband is alive, allowing her to claim a share under the Hindu Succession Act.
Justice H P Sandesh ruled in favor of TN Susheelamma, who had passed away during the course of the proceedings. The judgment reversed the decision of the first appellate court which had previously determined that the mother of the pre-deceased son, Santhosh, was not entitled to any share. The court stated,
“Once impleaded as a party and she is also a Class-I heir of the deceased Santhosh, ought not to have answered the same as negative and she is also a necessary party to the said suit.”
The appeal was rooted in the argument that the decisions by the Trial Court and the First Appellate Court were
“highly illegal, arbitrary and unjust.”
The appellant contended that both courts overlooked the fact that the respondents, who were seeking partition, should have included the appellant in the proceedings, given she was the mother of the deceased shareholder, Santhosh.
The PIL plea highlighted,
“the poles, wires and electricity board along with equipment are being installed and are not removed from the spot, only the transformer has been removed from the poles. The entire system is in working condition if the transformer gets installed again the tube well will start and the crisis of water shall not be in existence anymore.”
The court observed that the First Appellate Court primarily focused on the fact that the appellant had not explained her co-parcener status in the present suit when her husband was still alive. The High Court noted,
“The First Appellate Court lost sight of the fact that her son Santhosh passed away prior to filing of the suit and as a result she became Class-I heir.”
The judgment further emphasized,
“No doubt her husband is alive, but as soon as her son passed away, she became the Class-I heir of the deceased son Santhosh.”
The court also pointed out that the original appellant had not sought any independent share in the ancestral and joint family properties as a co-parcener but had claimed a share from her son Santhosh’s portion.
Addressing the respondents’ contention regarding the non-allotment of the original appellant’s share due to her passing during the appeal, the court invoked Section 15 of the Hindu Succession Act, 1956. This section outlines the rules of succession for female Hindus, emphasizing that the property of a female Hindu dying intestate devolves upon her sons, daughters, and husband.
The court concluded by modifying the trial court order, allotting shares to the husband, defendant No. 2, the son of the predeceased son, and the wife of the deceased. The appeal was thus allowed, and the judgments of the lower courts were adjusted accordingly.
Advocates A. Madhusudhana Rao, Vinod Gowda, G. Chandrashekharaiah, and S.D.N.PRASAD represented the parties involved in the case.
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