Bengaluru: The Karnataka High Court in its order stated that a mother of a pre-deceased son becomes a Class-I heir in the son’s share in the ancestral and joint family property. Allowing the application filed by TN Susheelamma, Justice HP Sandesh reversed the first appellate court order wherein the mother of the pre-deceased son Santhosh, was not entitled to any share.
The High Court in its ruling stated that the mother also becomes the first class heir in the inherited property of the pre-deceased son. The hearing of the appeal petition filed by TN Susheelamma challenging the order issued by the District Principal and Sessions Court of Chikkamagaluru that the mother is not entitled to have a share in the property of the deceased son was reversed by a single-judge bench of the High Court headed by Justice HP Sandesh.
During the trial of the case, the counsel for the defendants justified the judgment of the Sessions Court. Appellant Susheelamma's son had died by the time the share in the inherited property was allotted to her. Therefore, the counsel of the defendants told the High Court that there was no need to modify the order of the Sessions Court and, hence, pleaded that the judgment of the Sessions Court should be upheld.
However, the High Court rejected the argument of the respondents, made Susheelamma a party in the petition, and also considered her as the first-class heir of her pre-deceased son Santosh. Santosh is survived by his mother, wife and son. Sushilamma becomes the first-class heir in a Hindu undivided family. Thus, Sushilamma, the original appellant, is entitled to share in Santosh's property. Therefore, the bench held that the action of the Sessions Court was flawed.
