Indian Succession Act | Mother Has No Right Over Inheritance When Son Who Died Intestate Is Survived By Wife & Children: Karnataka High Court

The Karnataka High Court has held where a son dies intestate leaving behind wife and children–being direct lineal descendants, his mother would not have a right to estate/inheritance under the Indian Succession Act.

The court was hearing an appeal challenging a trial court order which had dismissed a family's plea seeking issuance of succession certificate of the deceased member. The trial court had dismissed the plea of the deceased's wife and children taking note of the claim of the deceased's mother.

Justice Jyoti M in her order observed that the deceased died died intestate, and he is survived by his wife and children as his lineal descendants, whereas the Trial Court refused the succession certificate on the mistaken premise that the deceased's mother's status as a legal heir precluded the applicant's claim.

"To be precise, the Trial Court improperly rejected the application, citing the mother's legal heir status as the exclusive reason to deny the certificate. This is unsustainable in law. The reason is apparent and simple. The Trial Court erred in law by failing to apply Sections 32 and 33 of the Indian Succession Act, 1925, which provide that the mother does not inherit if the deceased is survived by a widow and lineal descendants (children). The Trial Court erred in law by failing to recognize that under the Indian Succession Act, 1925, the mother of the intestate is excluded from inheritance when a wife and children survive the deceased. As the intestate left behind lineal descendants (wife and children), the entire estate devolves upon them, and the mother holds no legal right to a share.

According to Section 33 of the Act, if the intestate dies leaving a widow and lineal descendants, 1/3rd of the property goes to the widow and 2/3rd to the lineal descendants. I may venture to say that the Trial Court misconstrued and misapplied Sections 32 and 33 of the Act in its ruling. If a son dies intestate, leaving behind a wife and children, the mother does not have a legal right to a share. The judgment is contrary to Sections 32 and 33 of the Indian Succession Act, 1925. The Court overlooked that the mother only succeeds in the absence of lineal descendants (direct descendants). Since the son died intestate, leaving a wife and children, the mother is not a legal heir".

The appellant's deceased husband who was also the father of appellants 2 and 3, was a Christian by religion, and the appellants are also Christians. The deceased died intestate without leaving any will or testament.

The deceased had invested money in shares of Reliance Group of Companies without nominating a nominee for transmission of shares after his lifetime. Consequently, the appellants, being the lineal descendants, became entitled to get transfer of the aforesaid shares held by the deceased and sought for transmission of shares in their favour.

However, the appellants were informed that the shares cannot be transferred in their name without furnishing a succession certificate issued by a Competent Court of Law.

To get the shares of the deceased in their favour, the appellants filed a plea for issuance of succession certificate under Section 372 of the Indian Succession Act before the Additional City Civil and Sessions Judge, Bengaluru; however the same was dismissed. Against this the appellants moved the high court.

The court said that upon the intestate succession of the deceased, the estate is to be distributed among his widow and surviving children as direct lineal descendants.

"In the present case, the appellants constitute the direct lineal descendants of the late Mr.Herold Vaz; hence, they are entitled to succeed to his estate or assets by operation of law. To be more precise, the appellants, being the direct lineal descendants of Mr.Herold Vaz, hold the legal right to succeed to his estate," the court said.

The court thus set aside the trial court order and directed it grant the Succession Certificate in favour of the appellants in accordance with the law forthwith within a week's time.

The appeal was allowed.

Case title: MRS.ESTRIDA LUCY JANET VAZ & OTHERS v/s NIL

MISCELLANEOUS FIRST APPEAL NO. 3127 OF 2024

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