R. Virupakshaiah vs Sarvamma
● Court: Karnataka High Court
● Citation: 2 SCC 78
● Facts:
R. Virupakshaiah and Sarvamma were married according to Hindu rites. After his death, Sarvamma sought to inherit her husband’s property. However, his family contested her right to inherit, arguing that she should not have the same inheritance rights as her husband's children or other male relatives. The family contended that Sarvamma, as a wife, had no claim to the property, as the property should be inherited by the male heirs.
Sarvamma argued that under the Hindu Succession Act, which governs inheritance rights, she had an equal right to inherit her husband's property. She stated that, as a legal widow, she was entitled to inherit just as the children would. The family members argued that the Hindu Succession Act did not apply because they believed the property was supposed to be passed to the male heirs.
Sarvamma's claim was contested on the grounds that the property was ancestral, and the family members argued that only male members had inheritance rights under the customary law that governed the family. The case highlighted the intersection of statutory law and traditional community laws concerning inheritance.
● Issues:
1. Whether a widow has the right to inherit her husband's property under the Hindu Succession Act.
2. Whether the Hindu Succession Act entitles a wife to an equal share of the deceased husband's estate, particularly when the family disputes it.
● Relevant Articles:
Article 21: Protection of life and personal liberty.
Article 14: Equality before the law.
● Judgment:
The Karnataka High Court ruled in favor of Sarvamma, holding that under the Hindu Succession Act, a widow has equal inheritance rights to her husband's property. The Court noted that the Act was clear in stating that the wife, like the children or male heirs, was entitled to inherit the estate of her deceased husband. The Court emphasized that Sarvamma’s right to inherit could not be denied simply because the family believed otherwise. The Court reinforced the idea that statutory law overrides customary practices when they are inconsistent with constitutional principles.
Harinya
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