The heirs of the married woman are not strangers from the side of her parents for the succession under Hindu Succession Act

The facts of the case state that a property was inherited by a woman after her husband passed away without any children. After the enforcement of the Section 14 of the Hindu Succession Act, 1956, she became the absolute owner of the half share of the suit property. Later, she entered into a family settlement and settled the property in the favor her brother’s sons. Further, the sons of her brother filed a suit in 1991 claiming the decree of declaration as owners in possession of the property which the woman accepted.

However, the sons of the late husband’s brother disapproved of such transfer and filed a suit against it. This suit was dismissed by the trial court, and High Court which resulted into the Supreme Court. In the plea they contended that a Hindu Widow cannot constitute a joint Hindu Family with the descendants of her brother, i.e., her parental side.

The court, on this, relied on the Section 15(1)(d) of the Hindu Succession Act to hold that heirs of father of a Hindu female are not strangers but are a family.