Daugthers-in-law as lawful heirs

The Court allowed an appeal by one Seethalakshmi Ammal whose suit for declaration of ownership and possession of properties left by her mother-in-law Gomathi Ammal, who died intestate, was rejected by the High Court on the ground that she was not the heir of her mother-in-law under the Hindu Succession Act. The Apex court held that this HC finding proceeded on the misconception of theprovisions of the Hindu Succession act.

The court held that if at the time of the mother-in-law’s death, there was any heir of her husband who fits the description in the schedule of being the widow of her pre-deceased son, she would be one of the heirs entitled to succeed.

The Judges held that the status of the heir must be determined at the time of the death of the female whose heirs were being ascertained.

“The appellant was the widow of a pre-deceased son on the date when Gomathi Ammal died. Therefore, HC’s single Judge was not right in coming to the conclusion that the appellant was not an heir of Gomathi Ammal,” the Judges said.

SC STATEMENT: The Supreme Court has said, every bank employee and in particular the officer cadre should strive to preserve the qualities of absolute devotion, diligence, integrity and honesty in banking operations.

“If this is not observed the public’s confidence as well as depositors would be impaired,” a three-judge bench comprising of Justice Sujatha VManohar, S P Kurdukar and D P Wadhwa said in a 11-page judgement while confirming the dismissal of an Union Bank of India employee on charges of bribery, embezzlement and misappropriation.

The Judges said it is for this reason that they were of the opinion that the High Court had committed an error while setting aside the order of dismissal of the respondent employee on ground of prejudice for non-furnishing of inquiry report to him by the disciplinary authority.

The Judges said the HC had assumed that the copy of the inquiry report was never furnished to the employee. However factually this was incorrect. The said copy appears to have been served on the employee when he filed the statutory representation/appeal under the regulations before the appellate authority.