HINDU SUCCESSION ACT,1956 – CASE LAW – Section 21
Gitabai Narsing Das v. Anusayabai
Bench: R.V. Ghuge
Facts:
- In the earthquake that occurred on 30.09.1993, Mahavirdas, Shardabai and their four children have died. GitabaiNarsingdas, who is mother of Mahavirdas, mother-in-law of Shardabai and grandmother of the four children, claimed the entire compensation as the legal heir of the son, daughter-in-law and grandchildren.
- Anusayabai is the mother of deceased Shardabai. Shardabai was married to MahavirdasNarsingdasBairagi.
Issue:
Who is entitled to financial aid of Rs.50,000/- from Government, whether respondent Anusayabai or appellant Gitabai?
Contentions raised by Respondent:
- The law of inheritance would not apply in this case. It is not an immovable or movable property inherited by Mahavirdas, that is in question. It is under unfortunate circumstances that Mahavirdas, Shardabai and their four children have passed away in the earthquake.
- The State of Maharashtra has come out with a specific scheme whereby the compensation of an amount of Rs.50,000/- is to be paid to the legal heirs of the deceased. He, therefore, submits that the contention of the Appellant is far fetched as it is an attempt to apply the law of inheritance.
Contentions raised by Appellant:
- The sequence of death of these six persons is uncertain. Whether, the grandchildren of Gitabai have died after the death of Mahavirdas and Shardabai, is also not within anybody's knowledge. The Defendant, therefore, contends that Section 21 of the Hindu Succession Act, 1956 would apply to this case.
Held:
If children of Mahavirdas and Shardabai were alive, the compensation of Rs.50,000/ per deceased person would have gone to the children. Since none of them are alive, the scheme indicates that the said amount shall go to the surviving mother or father of the deceased. I, therefore, conclude that the Respondent was rightly held entitled to the compensation as being the surviving mother of deceased Shardabai.
