A person having right of inheritance under a coparcenary property who dies when his child was in the womb of his mother, that child who born subsequently, after the death of the intestate father will have the same right of the father

HINDU SUCCESSION ACT,1956 – CASE LAW – Section 20

Ramchandran v. Varadrajan

Bench: J P. Jyotimani

Facts:

• V.Natesapillai was the Kartha of Hindu undivided family along with his two sons N.Ethirajan, the father of the first Respondent and the Appellant. The second Respondent is the wife of the said N.Ethirajan. After the death of Natesapillai who died on 05.01.1959 the coparcenary property devolved by survivorship upon the two sons stated above.
•  N.Ethirajan executed a release deed on 30.12.1972 in respect of his right in the coparcenary property in favor of the Appellant. At the time whenEthirajan executed the release deed the second Respondent was conceived and the first Respondent  was in womb of the mother.

Issue:

Whether the Respondent is entitled to claim his 1/2  share in the property?

Contentions raised by Respondent:

•  N.Ethirajan has lived as a coparcenary member in the same property till his death on 16.01.1998 leaving behind him the respondent as his only legal heirs to succeed to his undivided share in the coparcenary property and therefore, the release deed is not valid.
• At the time when the said Ethirajan executed the release deed, the first respondent was in womb of the mother and therefore, the father had no right to release the share in favor of his brother, the appellant.

Contentions raised by Appellant:

• N.Ethirajan was never doing any job and the Appellant being the Government servant was managing the family out of his income. The brother of the appellant, N.Ethirajan has executed a release deed in favour of the appellant on 30.12.1972 releasing his right over the Chulaimedu property. Therefore, the appellant has become the absolute owner of the suit property.

Held:

The joint property enjoyed by N.Ethirajan, appellant and their sisters jointly and Natesapillai died intestate, it is only the brothers and sisters and wife of the Natesapillai as class 1 heirs who can have the right of inheritance and the first respondent can have no right at all since Section 20 of the Hindu Succession Act has no application.