Thanks to the Madras High Court's intervention, three women, who lost possession of their mother's property after her death to their step-brothers, got it back after some two-decades.
The court held that their mother was the absolute owner of the properties as per the Hindu Succession Act and being the legal heirs, her three daughters are entitled to get it.
Justice Pushpa Sathyanarayana dismissed the appeals filed by the three male legal heirs, challenging the order of the Additional District Judge, Kancheepuram, which confirmed the judgment and decree of the Principal District Munsif, Kancheepuram in favour of the daughters of Ellammal and Parasurama Nattar.
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The appellants contended that as per the settlement deed, the settlor had given only a limited right of enjoyment to the first wife and thereafter the property was to vest with the male heirs.
Parasurama Nattar, who had no male issues through Ellammal, married Chinnammal and the appellants were born to them. Before the marriage, Parasurama executed a registered settlement deed for Ellammal.
Similarly, he also executed another settlement deed in the name of his second wife. He died in 1961. After Ellammal died in 1994, the appellants had taken unlawful possession of her property.
The judge said it can be seen that there was restriction in the settlement deed that the settlee Ellammal cannot deal with the property and she can only enjoy it during her lifetime and thereafter, it will devolve on the male heirs. However, after the Hindu Succession Act, 1956, came into force, the pre-existing right of Ellammal on properties "stands crystallized into an absolute title."
Applying the principles of section 14 (1) of the Act (any property possessed by Hindu woman, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner), the judge said the court has no hesitation to hold that properties under the settlement deed becomes the absolute properties of Ellammal and that her daughters being legal heirs, were entitled to get it.
