Hindu woman’s family property gained through partition deed is not inherited: HC!

The Karnataka High Court has declared that an ancestral property obtained by a Hindu lady through a registered partition deed does not constitute as inheritance under the Hindu Succession Act. As a result, the property will not be returned to the woman’s father’s heirs following her death, according to the HC.

“In this court’s personal view, it is not feasible to argue that the acquisition of the property by virtue of registered partition by the deceased woman cannot be construed to be an inheritance within the meaning of Section 15(2) of the Hindu Succession Act,” the HC said in dismissing an appeal by one Basangouda, whose wife Eshwaramma died issueless in 1998.

Upon her death, Basangouda launched a civil court complaint to claim title of the 22 acres of property his wife got from her father’s side via a partition deed registered in 1974. The civil court dismissed his lawsuit.

After her death, a woman’s part of her father’s property is returned to her father’s heirs under the requirements of Section 15(2) of the Hindu Succession Act. Similarly, her part of her husband’s property is returned to her husband’s lawful heirs

“Any property acquired by a female Hindu from her father or mother will pass upon the heirs of the father in the absence of any son or daughter of the dead (including the offspring of any pre-deceased son or daughter”),” the provision states.

“Any property received by a female Hindu from her husband or father-in-law will fall upon the heirs of the husband in the absence of any son or daughter of the dead (including the offspring of any pre-deceased son or daughter”),” it says. “After a division has been made and a property has been divided into metres and limits, it becomes that sharer’s exclusive possession. The property may become the joint family property of the purchaser and his family members if the sharer had any living heirs at the time of division. As a result, the HC said that “registered division cannot be understood to pass the property by means of inheritance by any stretch of the imagination.”

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