Husband Has No Right Over Wife’s Inherited Parental Property: AP High Court Clarifies Law

The Andhra Pradesh High Court, in CHIKKALA DEVIKA MANASA and ANR v. THE STATE OF AP and Ors, has clarified an important aspect of inheritance under the Hindu Succession Act. The Court held that a husband does not get any share in property inherited by his wife from her parents if she dies intestate and without children.

The ruling was delivered by Justice Tarlada Rajasekhar Rao while interpreting Section 15(2)(a) of the Hindu Succession Act, 1956. This provision specifically governs how property inherited by a female Hindu from her parents is to be devolved after her death.

The Court observed, “The bare reading of Section 15(2)(a) of the Hindu Succession Act 1956 clearly outlines that if the property is inherited by a female Hindu from her father or mother in the absence of any child, the property of the deceased shall go to the legal heirs of the father. The husband will not get any right over the property inherited by her from her father.”

The dispute arose from a family property originally owned by a grandmother. She had gifted the property to her first granddaughter in 2002, and the necessary revenue records were updated accordingly. However, after the granddaughter passed away in 2005 without children, the grandmother cancelled the earlier gift deed.

Subsequently, the grandmother executed a registered will in favour of her other granddaughter, who later became the petitioner in the case. After the grandmother’s death in 2012, the petitioner sought mutation of the property in her name.

Initially, the Revenue Divisional Officer allowed the mutation. However, this order was challenged by the deceased granddaughter’s husband before the Joint Collector, who set aside the earlier decision and directed mutation in his favour, holding that the cancellation of the gift deed was invalid.

Aggrieved by this, the petitioner approached the High Court. It was argued that under Section 15(2)(a), since the deceased granddaughter had no children, the property should revert to the heirs of her paternal line and not to her husband.

The petitioner also relied on a civil court decree passed in 2025, which had already confirmed her title over the property. This strengthened her claim that the husband had no legal entitlement.

Accepting these arguments, the High Court held that the husband could not claim any right over the property. The Court further noted that he had not derived any valid title through his deceased wife.

It stated, “… when the unofficial respondent is not entitled for the property pursuant to the Section 15(2)(a) of Hindu Succession Act 1956, the unofficial respondent is not entitled to claim over the property and in view of the same the gift deed executed by the original owner in favour of the wife of 5th unofficial respondent does not get any right over the property”.

Accordingly, the Court set aside the Joint Collector’s order and directed the authorities to mutate the property in favour of the petitioner.

This judgement reinforces the statutory scheme under the Hindu Succession Act, ensuring that property inherited from parents remains within the parental lineage in specific situations.