Writ Petition Nos. 19942 to 19944 of 2002. Case: Saroja Chandrasekar and Ors. Vs The Union of India and Ors.. High Court of Madras (India)
| Case Number | Writ Petition Nos. 19942 to 19944 of 2002 |
| Counsel | For Appellant: Nalini Chidambaram for S. Silambanan Associates and For Respondents: Su. Srinivasan, Assistant Solicitor General |
| Judges | Sanjay Kishan Kaul, C.J. and T. S. Sivagnanam, J. |
| Issue | Constitution of India - Article 14; Hindu Succession Act, 1956 - Sections 15, 15(1)(a), 15(1)(c), 15(1)(d), 15(1)(e), 16, 25, 27, 8; Indian Penal Code 1860, (IPC) - Section 302 |
| Judgement Date | July 15, 2015 |
| Court | High Court of Madras (India) |
Order:
Sanjay Kishan Kaul, C.J.
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The petitioners seek to raise the issue of gender discrimination arising from the provisions of the Hindu Succession Act, 1956 (hereinafter referred to as 'the said Act') in respect of the legal heirs of a married female Hindu on the issue of inheritance.
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The facts giving rise to these petitions are as follows:-
The petitioners are husband and wife and late Dr.Kalyani was a female progeny from the marriage. Dr.Kalyani got the best of education and completed her M.B.B.S Degree from Madurai Medical College in the year 1986 and joined as Civil Assistant Surgeon in the Tamil Nadu Medical Service in the year 1991. She being a lady having her own sources of income, naturally invested her earnings. She continued her further education by pursuing Diploma in Gynaecology and Obstetrics in Stanley Medical College, Chennai, which course she completed in the year 1996.
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She married Dr.Ramachandran, son of the seventh and eighth respondents before us. It is stated to have been an arranged marriage and the matrimonial home was set up at Mannargudi. Dr.Kalyani gave birth to a female child by name Keerthana in the year 1998. In the petitions before us the allegation is that Dr.Kalyani was subjected to ill-treatment and mental torture by her husband Dr.Ramachandran, as well as her in-laws and her sister-in-law. It is alleged that as she was not allowed to work in the Government Hospital by her husband and in-laws, she was forced to take leave and remain in the house for almost one and half years. However, for decision on these petitions these facts do not have any significance for the reasons set out herein after.
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The in-laws of Dr.Kalyanai left for Dubai in October-November, 2000 for a few months and it is alleged that Dr.Kalyani was living in the house of her in-laws along with her husband Dr.Ramachandran and daughter Keerthana. On the fateful day of 14.12.2000, Dr.Ramachandran is alleged to have murdered his wife Dr.Kalyani by administering some poisonous injection. Two days later i.e., 16.12.2000 another tragedy struck when the two year old daughter Keerthana also passed away. It is alleged that Dr.Ramachandran administered the same poisonous injection to her. On the same day, after a few hours, he is alleged to have committed suicide. The local police at Mannargudi registered a case in Crime No. 918 of 2000 under Section 302 of the Indian Penal Code.
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Despite the aforesaid tragic events, it appears that disputes arose inter se petitioners on the one hand and respondents 7 & 8 on the other in respect of the estate left behind by Dr.Kalyani. The grievance made is that respondents 7 & 8, despite the double murder committed by her son, wanted to take advantage qua the estate left by Dr.Kalyani claiming preferential rights over those of the petitioners. The General rules of succession in case of female Hindus is provided under Section 15 of the said Act, while Section 16 of the said Act provides the Order of succession and manner of distribution among the heirs of a female Hindu. Sections 15 & 16 of the said Act read as under:
Section 15: General rules of succession in the case of female Hindus. -
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,-
(a) Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) Secondly, upon the heirs of the husband;
(c) Thirdly, upon the mother and father;
(d) Fourthly, upon the heirs of the father; and
(e) Lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in subsection (1),-
(a) Any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any predeceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
(b) Any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in subsection (1) in the order specified therein, but upon the heirs of the husband.
Section 16: Order of succession and manner of distribution among heirs of a female Hindu-
The order of succession among the heirs referred to in Section15 shall be and the distribution of the intestate's property among those heirs shall take place according, to the following rules, namely:
Rule 1. - Among the heirs specified in subsection (1) of Section 15, those in one entry shall be preferred to those in any succeeding entry and those including in the same entry shall take simultaneously.
Rule 2. - If any son or daughter of the intestate had predeceased the intestate leaving his or her own children alive at the time of the intestate's death, the children of such son or daughter shall take between them the share which such son or daughter would have taken if living at the intestate's death.
Rule 3. - The devolution of the property of the intestate on the heirs referred to in clauses (b), (d) and (e) of sub-section (1) and in subsection (2) to Section 15 shall be in the same order and according to the same rules as would have applied if the property had been the father's or the mother's or the husband's as the case may be, and such person had died intestate in respect thereof immediately after the intestate's death.
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On the demise of Dr.Kalyani, as per Section 15(1)(a) of the said Act, the estate would devolve on her daughter and her husband in equal share. Since the daughter Keerthana also passed away two days later, the part of her estate inherited from her mother Dr.Kalyani, would in terms of Section 15(1)(c), once again devolve on Dr.Ramachandran. On the demise of Dr.Ramachandran, Section 8 read with the schedule would decide the line of succession. In view of his wife and daughter being both dead before him, the inheritance would go to the mother-class-I heir, being respondent no.7. It may be...
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