Section 15(1) Of Hindu Succession Act Works Against Widow Of Pre-Deceased Son, Needs Rectification: Delhi High Court

The Delhi High Court has recently ruled that Section 15(1) of the Hindu Succession Act, 1956, unfortunately, works against the widow of a pre-deceased son, while it is intended to benefit another woman being a deceased woman.

Justice Neena Bansal Krishna said that the provision, which provides general rules of succession of property of a female Hindu dying intestate, is an anomaly in the legislation which needs rectification.

Section 15(1) states that the property of a female Hindu dying intestate shall devolve firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband; secondly, upon the heirs of the husband; thirdly, upon the mother and father; fourthly, upon the heirs of the father; and lastly, upon the heirs of the mother.

The court was dealing with a partition suit filed by a widowed daughter-in-law who was never vested with any right, title and possession in the property left behind by her mother-in-law who died intestate. The daughter-in-law's husband died during the lifetime of his mother.

“While the intention of the legislature under Section 15(1) of the Act, 1956 may have been bona fide; however, the present case is demonstrative of how Section 15(1) of the Act,1956 unfortunately, works against the woman herself i.e. the widow of a pre-deceased son,” the court said.

It added: “As a matter of fact, the above case is not an isolated incident in our Society. Therefore, it needs to be acknowledged and highlighted that axiomatically, a provision intended to benefit one woman (deceased woman), is working to the disadvantage of another woman (widow/daughter-in-law); it is an anomaly in the legislation, which needs rectification.”

The court further observed that as per the provision in question, the pre-deceased daughter or son is not treated at par with the surviving son and daughter.

It added that instead of the benefit going to all legal heirs of the pre-deceased daughter or son, it gets limited to the children alone to the exclusion of the spouse of the pre-deceased child. “The result being that the children of such pre-deceased child alone take the benefit of the estate of their grandmother, who has died intestate,” the court said.

The court further said that merely because a case appears to be hard, it cannot permit the invocation of a different interpretation of a statutory provision which is otherwise impermissible.

Observing that the court has no option but to interpret Section 15 as it exists, even if it is unjust towards the plaintiff's daughter-in-law, the court passed a preliminary Decree of Partition.

“The consequence, as in the present case, is that a widowed daughter-in-law who may have served her mother-in-law during her lifetime and also taken care of her children suffers a rude shock to realise that despite being a member of her matrimonial family, she gets no protection of property and is vulnerable to being shown the door by her own children at an age when she actually needs the security of property,” the court said.

Counsel for Plaintiff: Mr. Neeraj Gupta, Advocate

Counsel for Defendant: Mr. Sanjay Rathi, Ms. Nirmala Rathi, Ms. Jaanvi Rathi & Mr. Deepak Khatri, Advocates

Title: REKHA OBEROI v. AMIT OBEROI

Citation: 2024 LiveLaw (Del) 644

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