Widow’s remarriage cannot deprive daughter of property share: Madras HC
Since Venkatesan’s daughter was his only Class I legal heir, the court held that she inherited his entire coparcenary interest
The Madras High Court ruled that a widow's remarriage cannot strip her deceased husband's other "Class I heirs," including her daughter, of their rightful share in the joint family property. Justice PB Balaji clarified that the widow's disqualification under the Hindu Succession Act, 1956 only applies to herself and does not erase the deceased husband's coparcenary interest or block his other heirs from inheriting.
The court interpreted section 24 of the Act, which barred a widow from inheriting if she remarried before succession opened, but did not nullify the deceased son's share. The judge noted that Venkatesan's widow remarried after his death and never claimed any portion of his estate, leaving his entire share to his daughter. The daughter sold some of the property, but later, a relative of Venkatesan contested her rights, arguing that his widow's remarriage nullified his share, which would revert to the other coparceners.
However, the court rejected this claim, stating that the widow's disqualification did not affect the deceased son's coparcenary interest, which remained available for his daughter to inherit. Since Venkatesan's daughter was the only Class I legal heir, the court ruled that she inherited his entire coparcenary share. The high court dismissed the revision petition, finding no error in the lower court's decision to dismiss the execution petition.
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