SC: Widow rightful owner of property

DH News Service, November 3, New Delhi:

The Supreme Court has ruled that the widow of a person becomes the rightful owner of the property after his death, according to the Hindu Succession Law enacted in 1956.
Refusing to transfer the property of Kannabiran Pillai, who had willed his property to the Sri Ramakrishna Mutt by executing settlement deeds prior to the enactment of the law, the apex court recognised the rights of his second wife Kumudammal and ordered bequeathing the property to her.

A bench of Justices V S Sirpurkar and Cyriac Joseph said: “From the very beginning, the stand of the defendants was that under no circumstances could the property go back to the Ramakrishna Mutt in view of section 14 (1) of the Hindu Succession Act.’’

Pillai had executed three settlement deeds between 1938 and 1943 donating his property to the Mutt after his death though he had married twice. Pillai died on December 31, 1956 leaving behind his second wife and children from his first wife.

The Supreme Court recognised the rights of his second wife as the marriage was consummated before the Hindu Marriage Act that was notified in 1955.

“Kumudammal remained in possession of the properties and enjoyed them during her lifetime, inasmuch as, it was Kumudammal who used to recover the rents,’’ the bench said.

The judges recognised the rights of the second wife by saying, “Thus she was in constructive possession of the property.’’

M Maheswaran and his siblings from the first wife of Pillai had filed a suit claiming rights over the property after the death of Kumudammal on March 18, 1989.

But the Ramakrishna Mutt had argued that since Kumudammal had only the life interest, after her death, the property would revert to the Mutt in terms of the settlement deeds.

The children of Pillai from the first wife including Maheswaran contested the claim on the ground that the property could not have gone back as per the settlement deeds, as Kumudammal had become full owner of the property on account of the provisions under the Hindu Succession law.

Source/Link:

http://www.deccanherald.com/content/110136/sc-widow-rightful-owner-property.html

Haider Ajaz