By Vidhya Yamini Sree. PA
Case Title: Padmavati Mishra v. Sumitra Devi
Citation: 2001 (3) BLJR 1686
This Case Analysis deals with the ways by which an property is distributed after the death of an person. This case particularly deals with the distribution of an property of a Male Interstate to the First Class – 1 Heirs.
Facts of the Case:
Appellant ( Padmavati Mishra) seeking succession certificate on the death of her step son Lok Nath Mishra, who was an employee of the Bihar Electricity Board. Padmavati Mishra claimed that her step son was unmarried and she wanted to seek succession certificate.
Issues raised :
Can step mother claim for succession?
The respondent ( Sumitra Devi) contested that Lok Nath Mishra (deceased) was married. Further, claims herself to be the daughter of the deceased.
Provisions:
Hindu Succession Act, 1956
Principle Applied:
Interstate Succession
Definition of Succession:
Succession, in legal terms, means succeeding to the rights of another. The word commonly refers to the distribution of property under a state’s intestate succession laws, which determine who inherits the property when someone dies without a valid will.
In India, Succession for Hindus are governed by The Hindu Succession Act , 1956.
There are two types of Succession which are as follows:
Testamentary Succession :
Interstate Succession:
It means that when a person dies, leaving behind some property, but no Will or testament capable of taking effect in law, his property will be distributed among his legal heirs in accordance with the laws of inheritance of interstate succession.
Arguments Advanced:
Issue 1:
If a biological mother gives her son in adoption, she ceases to be his mother, and would not be entitled to inherit from him on his death.
Where a man having a plurality of wives (all married prior to 1955), adopts a child, the senior-most of his wives would be the adoptive mother of the child, having mutual rights of inheritance, while the others would be related to him as his step-mothers.
The expression ‘mother’ includes a biological as well as an adoptive mother, but it does not include a step-mother as per the Hindu Succession Act , 1956.
Issue 2:
This case was contested by the daughter of the deceased. On the evidence addured by the parties, the Court come to the conclusion that Sumitra Devi was the daughter of the deceased.
She was also the nominee of the deceased in the Group Insurance Scheme and other funds of the deceased lying with the Electricity Board.
Though it was the contention of the appellant-applicant that the deceased died unmarried, the lower Court went deep into the evidence adduced by the parties and held on the basis of documentary and oral evidence that Sumitra Devi was the daughter of the deceased and Shanti Devi was his wife, who died already before the decision of the succession case.
Judgement:
The Patna High Court further held that the appellant-applicant was the step-mother of the deceased. On this finding, the lower Court dismissed the application of the appellant for grant of succession certificate.
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