The heirs of the married lady will not be strangers from their mother and father’ facet to the succession beneath the Hindu Succession Act
The facts are that a property was inherited by a woman after her husband passed away with no children. After the enforcement of Section 14 of the Hindu Succession Act of 1956, she became the absolute owner of half of the suit’s property. She later became a family settlement and settled the property in favor of her brother’s sons. Her brother’s sons also filed a lawsuit in 1991 invoking the Decree of Declaration of Ownership in possession of the property accepted by the woman.
However, the sons of the late man’s brother disapproved of the transfer and filed a lawsuit against it. That lawsuit was dismissed by the General Court and the High Court, leading to the Supreme Court. In the plea, they asserted that a Hindu widow could not form a common Hindu family with the descendants of her brother, that is, her parental side.
The court relied on section 15 (1) letter D of the Hindu inheritance law, according to which the heirs of the father of a Hindu woman are not strangers but a family.