Hindu Succession Act | Husband Gets No Share In Parental Property Inherited By Wife: Andhra Pradesh High Court

Referring to Section 15(2)(a) of Hindu Succession Act, which governs devolution of parental property to heirs, Justice Tarlada Rajasekhar Rao held,

“The bare reading of Section 15(2)(a) of Hindu Succession Act 1956 clearly outlines that if the property is inherited by a female Hindu from her father or mother in the absence of any of child, the property of the deceased shall go to the legal heirs of father. The husband will not get any right over the property inherited by her from her father.”

The observation was propounded in a case where originally, a parcel of property belonging to a woman who had two granddaughters, was gifted to her first granddaughter in 2002, following which the latter's name was mutated in the revenue records and a pattadar passbook was issued. However, when the first granddaughter died in 2005 without any children, her grandmother executed a cancellation deed revoking the earlier gift. She subsequently executed a registered will bequeathing the same property to her other granddaughter (the petitioner).

However, when the petitioner's grandmother, the original owner of the property, died in 2012, she sought mutation of her name in the revenue records, and the Revenue Divisional Officer (Respondent 3), by an order dated 10.10.2017, canceled the earlier entries in the name of the deceased granddaughter and directed necessary changes. However, this order was challenged by the deceased granddaughter's husband (Respondent 5) before the Revisional Authority-Joint Collector (Respondent 2), who, by an order dated 01.04.2023, set aside the RDO's decision and directed mutation in his favour, holding that the cancellation of the initial gift deed was invalid.

Aggrieved, the petitioner challenged the Joint Collector's order before the High Court, where she submitted that the order was contrary to Section 15(2)(a) of Hindu Succession Act, and considering the fact that her sister—the deceased granddaughter, died without any child, Respondent 5 was thus not entitled to any right or title over the property. The petitioner also pointed out that a civil suit for declaration of title had already been decreed in their favour in 2025, thereby confirming their ownership over the property.

Agreeing with the contention, the Single-Judge held that the deceased granddaughter's husband cannot question the cancellation of registration executed by the original owner as he has not derived any title from his deceased wife.

“… when the unofficial respondent is not entitled for the property pursuant to the Section 15(2)(a) of Hindu Succession Act 1956, the unofficial respondent is not entitled to claim over the property and in view of the same the gift deed executed by the original owner in favour of the wife of 5th unofficial respondent does not get any right over the property”, the Single Judge added.

Accordingly, the Court allowed the petition, set-aside the impugned order of Respondent 2, and further directed the Tehsildar (Respondent 4) to mutate the name of the petitioner in the revenue records.

Case Details:

Case Number: WRIT PETITION No. 12421/2023

Case Title: CHIKKALA DEVIKA MANASA and ANR v. THE STATE OF AP and Ors

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