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The Supreme Court has delivered an important judgment. The court ruled that a Hindu woman’s father’s family could inherit the property she acquired. These will not be called non-family members. These can be heirs under Section 15.1D of the Hindu Inheritance Act.
In the judgment, the apex court ruled that on behalf of the woman’s father, the family would come under the heirs under Section 15.1D of the Hindu Inheritance Act 1956. Justice Ashok Bhushan’s bench said that it was made clear in Section 13.1D that a woman’s father’s successor was accepted as a woman’s successor. They have the right to own property.
The court ruled that a woman named Jagno had got her husband’s property. Her husband died in 1953. He had no sons or daughters. That is why half of the agricultural property was given to women. According to Section 14 of the Inheritance Act 1956, women are the sole heirs of property. Jagno then entered into an agreement for the property and made the property in the name of his brother’s son.
In 1991, her brother’s son filed a lawsuit in the Civil Court seeking to declare ownership of the property he acquired. Jagno did not object and allowed it. The court ordered the property to be owned by Jagno’s brother’s son. But Jagno’s husband’s brothers opposed the move. They said that a Hindu widow could not be a Hindu family affiliated with her father’s family. That is why property cannot be made in the name of her father’s family members. Only those who already have ownership of the property can have a family solution. But the High Court rejected their appeal. They then went to the Supreme Court. The Supreme Court heard that the woman’s father’s family was part of the woman’s family. The court made it clear that there was no need to register property that was previously owned under section 17.2 of the Registration Act.
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