In a significant ruling on property succession, the Andhra Pradesh High Court has reiterated that a husband cannot claim rights over property inherited by his wife from her parental side if she dies without children. The Court set aside a revenue authority’s order and restored mutation in favour of the petitioner granddaughter.
Background of the Case
The dispute revolved around agricultural land originally owned by a woman, who had gifted it to one of her granddaughters in 2002. After the granddaughter’s death in 2005, the original owner cancelled the gift deed and later executed a will in favour of another granddaughter.
Following the owner’s death in 2012, the second granddaughter sought mutation of her name in revenue records. The Revenue Divisional Officer allowed her request in 2017, cancelling earlier entries made in the deceased granddaughter’s name.
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However, the husband of the deceased granddaughter challenged this order before the Joint Collector, who ruled in his favour in 2023 and directed mutation in his name. This order was then challenged before the High Court.
The petitioners argued that the Joint Collector had ignored the clear mandate of Section 15(2)(a) of the Hindu Succession Act, 1956. They contended that when a female dies without children, property inherited from her parents must devolve upon her father’s heirs not her husband.
They also pointed out that a civil court had already declared the petitioner as the absolute owner of the property through a decree passed in 2025.
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The Court carefully examined the legal position under Section 15 of the Hindu Succession Act.
“The property inherited by a female Hindu from her father or mother shall devolve upon the heirs of the father, in the absence of children,” the bench observed, emphasizing the overriding effect of Section 15(2)(a).
The Court clarified that the husband cannot claim rights over such property, as it does not form part of inheritance through the marital line.
It further noted that the reliance placed by the revisional authority on earlier Supreme Court judgments regarding cancellation of documents was misplaced in the present facts.
“The unofficial respondent has not derived any valid title over the property and is not entitled to question the cancellation,” the Court held.
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The central issue was whether the husband of a deceased woman could claim rights over property she had inherited from her family.
The Court answered this firmly in the negative, reiterating that succession in such cases follows the parental lineage, not the husband’s side.
Allowing the writ petition, the High Court set aside the Joint Collector’s order dated April 1, 2023. It upheld the earlier order of the Revenue Divisional Officer and directed authorities to mutate the property in the name of the petitioner granddaughter.
No order as to costs was passed.
Case Details
Case Title: Chikkala Devika Manasa & Anr. vs State of Andhra Pradesh & Ors.
Case Number: W.P. No. 12421 of 2023
Judge: Justice Tarlada Rajasekhar Rao
Decision Date: 17 March 2026
Counsels:
- For Petitioners: G. Venkata Subba Raju
- For Respondents: Government Pleader for Revenue
