Chennai: Three female legal heirs of a first wife, who lost possession of their mother’s properties after her death, to the three male legal heirs of a second wife, regained possession of them after nearly 20 years.
The Madras high court held that their mother was the absolute owner of the properties as per the Hindu Succession Act and being the legal heirs, her three daughters were entitled to get them.
Justice Pushpa Sathyanarayana dismissed the second appeals filed by the three male legal heirs, P. Balasubramaniam, P. Kothandam and Unnamalai, challenging the order of additional district judge, Kancheepuram, which confirmed the judgment and decree of the principal district munsif, Kancheepuram, in favour of Pachaiyammal, Janaki Ammal and Saradha Ammal, daughters of Ellammal and Parasurama Nattar.
Parasurama Nattar, who had no male issues through his first wife Ellammal, married Chinnammal, the appellants being her offspring.
Before the second marriage, since Parasurama wanted to settle and make some provision for his first wife and three daughters, he executed a registered settlement deed dated January 17, 1944.
Similarly, he also executed another settlement deed dated January 24, 1944, settling certain properties in the name of his second wife. He died on January 4, 1961. After Ellammal died on July 10, 1994, the appellants had taken unlawful possession of her property.
The appellants contended that as per the settlement deed, the settlor had given only a limited right of enjoyment to the first wife and thereafter the property was to vest with the male heirs of the deceased Parasurama.
Justice Pushpa Sathyanarayana said it could be seen that there was restriction in the settlement deed that the settlee Ellammal could not deal with the property and she can only enjoy the same during her lifetime and thereafter it would devolve on the male heirs born to the settlor Parasurama.
However, after the Hindu Succession Act, 1956 came into force, the pre-existing right of Ellammal in the suit’s properties stood crystallised into an absolute title.
Applying the principles of section 14 (1) of the Act (any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner), the properties set out in the settlement deed became the absolute properties of Ellammal and after her death, it devolved upon her legal heir.
Ellammal and her daughters were enjoying the properties till her death and after her death, the appellants had trespassed and disposed of them.
This court had no hesitation to hold that the properties under the settlement deed became the absolute properties of Ellammal and that her daughters being her legal heirs, were entitled to get them, the judge added.
