OMPRAKASH & ORS. versus RADHACHARAN & ORS.

Citation: [2009] 7 S.C.R. 1007 · Decided: 05-05-2009 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Dismissed
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Judgment (excerpt)

[2009] 7 S.C.R. 1007 
•, 
OMPRAKASH & ORS. 
A 
~ 
V. 
RADHACHARAN & ORS. 
Civil Appeal No. 3241 of 2009 
MAY 5, 2009 
B 
[S.B. SINHA AND DR. MUKUNDAKAM SHARMA, JJ.] 
Hindu Succession Act, 1956: ss. 15(1) and (2) -
Applicability of - Self acquired properties - Widow turned out 
of matrimonial house - Got education and support at parental 
house - Died intestate - Devolution of property - Held: Sub- c 
section ( 1) of s. 15 would apply and not sub-section (2) thereof 
- Sentiment or sympathy would not be guiding factor in 
determining rights of parties which are otherwise clear and 
unambiguous - Normal rule of succession must prevail -
Interpretation of statutes. 
D 
... 
~ 
~ 
One 'N' became widow within 3 months of her 
marriage and was turned out of matrimonial house. 
Thereafter she stayed in her parental house, where she 
educated herself and got an employment. She died 
E 
interstate leaving behind self acquired properties. 
--./ 
The mother of 'N' filed application for grant of 
succession certificate. Respondents who were sons of 
~ 
sister of N's husband filed similar application. Appellants 
are brothers of 'N'. The question before this court was F 
whether sub-Section (1) of Section 15 of the Hindu 
Succession Act, 1956 or sub-Section (2) thereof would be 
applicable in the facts and circumstances of this case. 
Dismissing the appeal, the Court 
G 
-t. 
HELD: 1. Section 15 of the Hindu Succession Act, 
---
1956 provides for the general rules of succession in the 
case of female Hindus. It lays down the mode and manner 
.. 
in which the devolution of interest of a female shall take 
j 
ll 
1007 
H 
1008 
SUPREME COURT REPORTS 
[2009] 7 S. C.R. 
A place. Section 16 provides for the order of succession 
and manner of distribution amongst the heirs of a female 
+ 
Hindu, stating that the same shall be according to the rules 
specified therein. [Para 8] [1011-H; 1012-A-B] 
B 
2. It has not been disputed that the respondents are 
the heirs and legal representatives of husband of 'N'. Sub-
Section (1) of Section 15 lays down the ordinary rule of 
succession. Clause (a) of sub-Section (2) of Section 15 
providing for a non-obstante clause, however, carves out 
c 
an exception viz. when the property is devolved upon the 
deceased from her parents' side, on her death the same 
would relate back to her parents' family and not to her 
husband's family. Similarly, in a case where she had 
inherited some property from her husband or from her 
husband's family, on her death the same would revive to 
D her husband's family and not to her own heirs. The law is 
silent with regard to self-acquired property of a woman. 
• ,_ 
Sub-section (1) of Section 15, however, apart from the 
~ 
exceptions specified in sub-section (2) thereof does not 
make any distinction between a self-acquired property and 
E the property which she had inherited. It refers to a 
property which has vested in the deceased absolutely or 
. which is her own. The self-acquired property of a female 
' would be her absolute property and not the property 
which she had inherited from her parents. In that view of 
F the matter, sub-Section (1) of Section 15 of the Act , 
would apply and not the sub-Section (2) thereof. [Para 9 
and 10) [1012-F-H; 1013-A-C] 
3. This is a hard case. 'N' during her life time did not 
.. 
visit her in-laws' place. She was not lent any support from 
G her husband's family and all support came from her 
parents but then only because a case appears to be hard ... ... 
would not lead the Court to invoke different interpretation 
of a statutory provision which is otherwise impermissible. 
It is now a well settled principle of law that sentiment or 
,. 
' 
H sympathy alone would not be a guiding factor in 
• 
( 
OMPRAKASH & ORS. V RADHACHARAN & ORS. 
1009 
r'ti 
,.. • 
determining the rights of the parties which are otherwise A 
clear a'nd unambiguous. [Para 10) [1013-C-E] 
-~ , 
M. D., H. S. /. D. C. and Ors. v. Hari Om Enterprises and Anr. 
. 
r 
2008 (9) SCALE 241; Subha B. Nair & Ors. v. State of Kera/a 
" 
& Ors. (2008) 7 SCC 210; Ganga Devi v. District Judge, 
B 
Nainital & Ors. (2008) 7 SCC 770 - relied on. 
4. The Act does not put an embargo on a female to 
j 
execute a will. Sub-section·(1) of Section 15 would apply 
only in a case where a female Hindu has died intestate. In 
such a situation, the !lormal rule of succession as c 
provided for by the statute must prevail. For the afore-
mentioned purpose, the golden rule of inte
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