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In-laws who threw out widow win SC battle for her wealth

Three months into her marriage, Narayani Devi's husband died and her in-laws turned her out of their house. Now her in-laws have won the right to her wealth.

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Three months into her marriage, Narayani Devi suffered a double blow as her husband died and her in-laws turned her out of their house. She moved in with her parents and built her life anew, by studying and taking up a job.

Over half a century and a protracted court battle later, her in-laws have won the right to her wealth as Narayani Devi died without leaving a will.

In the first ever decision on the rights of relatives on the wealth and assets left behind by a childless Hindu married woman, who was also turned out of her matrimonial home after her husband’s death, the Supreme Court ruled that her in-laws also have the right to her estate if she dies intestate (without making a will).

“It is now a well-settled principle of law that sentiment or sympathy alone would not be a guiding factor in determining the rights of the parties which are otherwise clear and unambiguous,” the court said while dismissing the contention of Narayani’s brother Om Prakash that her late husband’s brothers were not entitled to her wealth under the Hindu Succession Act.

Narayani Devi married Dindayal Sharma in 1955. After his death, she was allegedly forced to leave her matrimonial home. She then started living with her parents.

She never visited her in-laws after that. At her parental home, she studied and later got a job. She died intestate in 1996, leaving behind huge sums in various bank accounts, besides a substantial

There was no doubt that Narayani had herself acquired all the wealth and it was neither inherited from her parents or her in-laws, a bench of justice SB Sinha and justice Mukundakam Sharma observed.

After Narayani’s death, her mother Ramkishori sought the grant of a succession certificate under section 372 of the Indian Succession Act. But her late husband’s brothers Radhacharan and others also filed a similar application. Later, Ramkishori died and her son Om Prakash replaced her as the applicant.

The lawsuits led to a decisive legal battle over the interpretations of two provisions of the Hindu Succession Act.

Om Prakash’s lawyer NR Choudhary contended that in this case, where the husband of the woman or her in-laws had made no contribution to her education or lent any support during her lifetime, section 15(2) of the act should be applied.

As per section 15(2), which relates to succession in case of female Hindus, an exception is made when the property is given by the parental side. In such cases, the same will go back to the parents’ family and not to her husband’s family in the event of the woman’s death.

But section 15(1) does not make any distinction between self-acquired property and inherited property.

The bench held that section 15(1) of the act would be applicable in such cases. The apex court cautioned that any other interpretation based on sympathy would be contrary to the intent of Parliament, which has bestowed equality upon married and unmarried Hindu women in the matter of property.

Since Narayani Devi died intestate, section 15(1) would apply, the court ruled.

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