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The Bombay HC bench of Justice Shalini Phansalkar Joshi held that under the section 15 of the Hindu Succession act, on the death of a female Hindu without any children, the property inherited by her from her parents will devolve upon the heirs of her father and not upon her husband.
Initially, a petition was filed by the deceased’s husband before the joint civil Judge junior division, Pune. The lower court held the husband’s case for the devolution of wife’s inherited property on him to be maintainable. The trial court did not allow any relief for the step children but with regard to the husband, the court allowed the petition partly and held that his claims need adjudication.
The present petition before the HC was filed by the relatives of the wife, Sundarabai who died in 1962. The petitioners argued that the husband and his children born from his second wife cannot stake a claim over the property.
The Counsel for the petitioners argued that the husband also cannot maintain his view as under the section 15(2) of the Hindu Succession act. The Court examined the following provision and held that not with-standing anything in the sub-section 1 which provides for a general rule of devolution of female property, in case she dies without any son or daughter, the property she inherited from her mother or father will devolve upon their heirs excluding the husband.
Therefore, the court concluded that the husband has no cause of action to file the present petition and the trial court should have rejected his petition at that level.
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