Widow Can't Claim Inheritance Of Property Through Natural Succession If Husband Was Not Owner Of Suit Land On Date Of His Death: P&H High Court

It has been held that late Sh. Baldev Singh was not the owner of the suit land on the date of his death. Hence, the question of inheritance of the estate does not arise.

The bench comprising Justice Anil Kshetarpal was dealing with the case where the original plaintiff filed the instant appeal, assailing the correctness of the concurrent findings of fact arrived at by the Courts below.

The plaintiff claimed the suit property based on natural succession, claiming that her late husband owned and possessed the same. She filed a suit against 4 of her sons and subsequent purchasers from her 4 sons.

The Court considered the written statement by the defendants which claimed that the husband of the appellant in the Civil Court acknowledged the 4 sons to be the owners in possession of the property resulting in a judgment and decree passed by the Civil Court in their favor.

The Court also observed that the sons had transferred the property in favor of defendants no.5 and 6 by registered sale deeds on receipt of valuable consideration.

After considering the submissions by the parties and facts of the instant case, the Court held that both the Courts below have found that the appellant-plaintiff has not challenged the correctness of the Civil Court judgment and decree.

Accordingly, it concluded that the late husband of the appellant was not the owner of the suit land on the date of his death which in turn negates the possibility of inheritance of the estate by his widow. Consequently, the court dismissed the case finding it sans merit.

Case Title : Jaswant Kaur v. Lakhwinder Singh and others

Citation : 2022 LiveLaw (PH) 125

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