In the present case, it is not disputed that Rajathiammal died intestate without leaving any son or daughter or children of pre-deceased son or daughter. Hence, the property would devolve on the heirs of her father. It is contended that she got the property because of the compromise decree and, therefore, the property is not inherited by her from her father or mother. This submission in our view, is without any substance. She was daughter of Sivabagyammal and, therefore, she was entitled to inherit the property of her maternal grandmother as her mother had expired. As some dispute was raised by the other heirs, a suit was filed. In that suit, rights of Rajathiammal were recognized and compromise decree was passed in her favour. Result is - she got the property as daughter of her mother. That means, she got the property not from the husband or father-in-law, but from her mother side. In that state of affairs, the heirs of her father, that is, heirs of S.V. Venugopala Chettiar would be entitled to inherit her property in view of Section 15(2)(a) of the Act.
IN THE SUPREME COURT OF INDIA
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 6626 of 1995
Decided On: 08.08.2003
V. Dandapani Chettiar Vs. Balasubramanian Chettiar (Dead) by Lrs. and Ors.
Hon'ble Judges/Coram:
M.B. Shah and AR. Lakshmanan, JJ.
