Supreme & Paige

Property Succession Based on Life Interest Under Hindu Succession Act

This case involves a property succession dispute between two branches of the same family. Smt. Veerabhadramma, the second wife of Kallakuri Swamy, was granted life interest in 3.55 acres of land and absolute ownership of 2.09 acres in a 1933 partition deed. The appellants argued that Section 14(1) of the Hindu Succession Act, 1956 converted all her property interests into absolute ownership, allowing her to will the 3.55 acres.The Supreme Court upheld the lower courts’ findings that:

  1. Absolute Ownership: Applied only to 2.09 acres, aligning with her pre-existing right to maintenance.
  2. Life Interest: Over the 3.55 acres was new and restricted to enjoyment during her lifetime, reverting to her husband’s heirs after her death under Section 14(2).

The Court rejected the appellants’ claims and reaffirmed the partition deed’s terms, emphasizing the distinction between pre-existing and newly created property rights.

Case Citation:

Case Title: Kallakuri Pattabhiramaswamy (Dead) Through LRs. v. Kallakuri Kamaraju & Ors.
Case No.: Civil Appeal No. 5389 of 2012
Date: November 21, 2024
Court: Supreme Court of India

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