Patna High Court Upholds Widows' Inheritance Rights, Dismisses Decades-Old Property Appeal

The High Court of Judicature at Patna has dismissed an appeal filed against a lower court's ruling that dismissed a probate case related to the estate of Late Kanji Sahay. The case, which dates back to the 1980s, involved claims by the appellant for the grant of probate and letters of administration for properties left by the deceased.

The appellant, Prabha Sinha, filed the original probate case in 1985, asserting her rights over the estate as per a will executed by Late Kanji Sahay in 1951. According to the appellant, the will stipulated that Kanji Sahay’s two wives would retain possession of the properties for their lifetime, and after their death, the appellant would become the absolute owner of the estate.

However, the case took a turn when respondent Lalit Prasad, who claimed to be the adopted son of Kanji Sahay, challenged the will. He argued that he had been adopted by the senior widow with the consent of the junior widow, and that the will did not convey any rights to the appellant. He further contended that the appellant had previously filed a probate case in 1984, which was dismissed, making the current case untenable.

The lower court, in its ruling, found that the widows had a pre-existing right to the property for their maintenance, as provided under Section 14(1) of the Hindu Succession Act, 1956. The court ruled that this right made them absolute owners of the property, and as such, the probate case was not maintainable.

In the appeal, counsel for the appellant argued that the widows' rights were limited under the will, and that the appellant was entitled to full ownership of the property after their death. However, the respondents maintained that the lower court's ruling was correct, citing various precedents, including the landmark V. Tulasamma case, which affirmed the absolute ownership of widows under the Hindu Succession Act.

After hearing arguments from both sides, the High Court upheld the lower court’s decision, affirming that the widows had indeed become absolute owners of the property. The court reiterated that under the Hindu Succession Act, the limited interest given to the widows was converted into full ownership upon the death of the testator, and as such, the appellant had no claim over the property.

The court's decision brings to a close a decades-long legal battle over the estate, reaffirming the rights of widows to inherit property under Hindu law.