KIZHAKKE VATTAKANDIYIL MADHAVAN (DEAD) THR. LRS. versus THIYYURKUNNATH MEETHAL JANAKI AND ORS

Citation: [2024] 4 S.C.R. 383 · Decided: 09-04-2024 · Supreme Court of India · Bench: ANIRUDDHA BOSE · Disposal: Appeal(s) allowed

Judgment (excerpt)

* Author
[2024] 4 S.C.R. 383 : 2024 INSC 287
Kizhakke Vattakandiyil Madhavan (Dead) Thr. Lrs. 
v. 
Thiyyurkunnath Meethal Janaki and Ors
(Civil Appeal No. 8616 of 2017)
09 April 2024
[Aniruddha Bose* and Sudhanshu Dhulia, JJ.]
Issue for Consideration
Issue arose whether wife, on her remarriage had any title over 
the property derived from her first husband, which her son from 
the second husband, claimed through the series of transactions.
Headnotes
Hindu Widow’s Remarriage Act, 1856 – s. 2 – Rights of widow 
in deceased husband’s property to cease on remarriage – 
Wife contracted a second marriage after the death of the 
first husband – Son born from the second marriage filed suit 
for partition claiming the share in the suit property vested in 
his mother from her first husband – Son born from the first 
marriage impleaded as defendants – Trial court allowed the 
claim for partition – However, the first appellate court dismissed 
the suit for partition – In appeal, the High Court restored the 
trial court’s judgment and decree – Correctness:
Held: On remarriage of wife, after the death of her first husband, 
her title or interest over the suit property stood lapsed in terms 
of s. 2 – Thus, wife’s right to deal with property derived from her 
first husband stood extinguished as regards the deed of 1910 – 
However, it was not wife alone who had executed that instrument, 
it was her mother-in-law and her son, from first marrige who had 
executed it and remained valid legal heirs of the first husband 
(since deceased) – Wife could not convey any property over which 
she did not have any right or title – Her right, if any, would stem 
from the second deed of lease – No claim was made before any 
forum for invalidating the deed of 1910 – However, in absence 
of proper title over the subject property, that lease deed even if 
she was its sole lessor would not have had been legally valid or 
enforceable – Son from second marriage, respresented through 
his successors, sought to claim his share of suit property through 
the mother – But the mother had lost her right over the subject 
384
[2024] 4 S.C.R.
Digital Supreme Court Reports
property on her contracting second marriage – Her status over the 
said property, post-1910 if at all was that of lessee – No indication 
in any of the deeds that the said lease could travel beyond the 
stipulated term of twelve years – Ownership of the suit property 
could not be said to have devolved in any manner whatsoever to 
the son from her second husband – Thus, the decision of the High 
Court set aside and that of the first appellate court dismissing the 
suit for partition is confirmed. [Paras 17-19]
Title – Title to a document – Deed of conveyance – Conveyer not 
having the title over the property – Legal right of successors-
in-interest on the property:
Held: If right, title or interest in certain property is sought conveyed 
by a person by an instrument who herself does not possess any 
such form of entitlement on the subject being conveyed, even with 
a subsisting deed of conveyance on such property, the grantee on 
her successors-in-interest will not have legal right to enforce the 
right the latter may have derived from such an instrument – If a 
document seeking to convey immovable property ex-facie reveals 
that the conveyer does not have the title over the same, specific 
declaration that the document is invalid would not be necessary – 
Court can examine the title in the event any party to the proceeding 
sets up this defence. [Para 18]
Case Law Cited
Velamuri Venkata Sivaprasad (Dead) by lrs. v. Kothuri 
Venkateswarlu (dead) by lrs. And Others [1999] Suppl. 
4 SCR 522 : (2000) 2 SCC 139 – referred to.
List of Acts
Hindu Widow’s Remarriage Act, 1856.
List of Keywords
Hindu Widow’s Remarriage; Partition; Title or interest over the 
property; Validity of the lease deed; Valid conveyance; Legitimate 
right; Deed of conveyance.
Case Arising From
CIVIL APPELLATE JURISDICTION: Civil Appeal No.8616 of 2017
From the Judgment and Order dated 18.01.2008 of the High Court 
of Kerala at Ernakulam in SA No. 653 of 1996
[2024] 4 S.C.R. 
385
Kizhakke Vattakandiyil Madhavan (Dead) Thr. Lrs. v. 
Thiyyurkunnath Meethal Janaki and Ors
Appearances for Parties
V. Chidambaresh, Sr. Adv., A. Venayagam Balan, K. P. Rajagopal, 
Jaimon Andrews, Piyo Harold Jaimon, Naresh Kumar, Advs. for the 
Appellants.
C. K. Sasi, John Mathew, Advs. for the Respondents.
Judgment / Order of the Supreme Court
Judgm

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