Arunachala Gounder (Dead) by LRs v Ponnusamy

Facts

• A Hindu male died leaving self-acquired property. His only daughter inherited the property. Upon the daughter's subsequent death (unmarried), a dispute arose between the father's side (paternal relatives) and the daughter's heirs over who would inherit. The paternal side claimed the property should revert to the father's family since it originated from the father.

Issue

1. Whether property inherited by a Hindu female from her father is governed, upon her death, by S.15(2)(a) (which gives preference to the source's heirs) or devolves as her absolute property; and whether the pre-1956 concept of women's "limited estate" has any surviving application.

Held

• The Hindu Succession Act, 1956 abolished the concept of women's "limited estate" (S.14). Any property possessed by a female Hindu, whether acquired by inheritance, will, gift, purchase, or her own skill, is held by her as absolute owner. Upon her death intestate, it devolves under S.15 and S.16. Property inherited from the father or mother, where the female dies without leaving husband or children, goes to the heirs of the father (S.15(2)(a)), but this rule applies only to property "inherited" from the father, not to self-acquired property of the female which happens to have originally come from the paternal side through other modes.

Ratio Decidendi

Hindu females hold property as absolute owners post-1956. The concept of limited estate or reversionary heirs is abolished. Self-acquired property of a female Hindu devolves under the general rule of S.15(1) upon her death; the special rule in S.15(2)(a) applies only to property actually "inherited" from father or mother in the strict sense.