HINDU SUCCESSION ACT,1956 – CASE LAW – Section 21
Gannykaur v. State of NCT of Delhi
Bench: J. B D Ahmed
Facts:
- The petitioner was married to Late Ladha Singh. They had a daughter (IshwariKaur) who was married to one Laxman Singh. Laxman Singh is the son of Kishan Singh (Respondent No. 3) herein. IshwariKaur and Laxman Singh had two children, Sajan Singh and Laxmi.
- In the unfortunate events which took place in 1984 and which go under the name 'The 1984 Riots', IshwariKaur, Laxman Singh and their two children were burnt to death by the rioters.
Issue:
Whether the petitioner was entitled to claim Compensation on the basis of inheritance or the State is not governed by the personal laws and is required to award compensation equitably to the next of kin?
Contentions raised by Respondent:
- The compensation is to be paid to the legal heirs of the deceased-married women and her children-as per the hierarchy provided in the Hindu Succession Act, 1956 which places the heirs of her husband on a higher footing than her mother.
- The entire amount of Rs. 14 lakhs is to be paid to him alone and nothing to the petitioner.
Contentions raised by Petitioner:
- The petitioner also submitted her application with the respondent No. 2. However, she has been informed that she will not get the compensation on account of the death of her daughter and two grandchildren because the compensation amount can be disbursed only to those persons who were paid earlier.
- There is no difference in the position of the petitioner and that of Kishan Singh (Respondent No. 3) and, therefore, both of them are equally entitled to receive the compensation.
Held:
The only manner in which the compensation, would serve the ends of justice, would be by directing that the compensation be awarded not according to personal laws, but equitably to the next of kin. The only two claimants are the petitioner and the respondent No. 3(Kishan Singh) and, therefore, Court directed that the ex gratia amount of Rs. 14 lakhs which is to be awarded now in respect of the deaths of IshwariKaur, Laxman Singh, Sajan Singh and Laxmi be paid to the petitioner and Kishan Singh (respondent No. 3) in equal measure. A sum of Rs. 7 lakhs be paid to the petitioner and a sum of Rs. 7 lakhs be paid to the respondent No. 3.
