The Karnataka High Court Dharwad Bench, while examining appeals from a property dispute in Koppal district, has urged the Union Government to protect Class I heirs rights under amended Hindu Succession Act by removing legislative gaps that have diluted statutory safeguards available to widows and mothers.
The division bench made it clear that despite the progressive intent behind the 2005 amendment, the absence of an express reference to Class I heirs in amended Section 6 has resulted in uncertainty, particularly affecting widows, mothers and widows of predeceased sons.
The court observed that such heirs historically enjoyed protection through the concept of notional partition, which stood diluted after the amendment.
Court’s View on Amended Section 6
The bench reasoned that while Section 6(3) now mandates succession by testamentary or intestate means instead of survivorship, this change alone does not sufficiently secure Class I heirs rights under amended Hindu Succession Act unless the provision clearly incorporates the Schedule of Class I heirs.
According to the court, legislative silence cannot be allowed to erode substantive inheritance rights recognised under Hindu law.
The judges called upon the Ministry of Law and Parliamentary Affairs to consider recasting Section 6 to explicitly safeguard the interests of all Class I heirs, thereby restoring balance between gender justice and family property rights.
Findings in the Koppal Land Dispute
Applying these principles, the court held that Sharanavva, who claimed to be the first wife of Mudakanagouda and had no children, squarely fell within the Class I category.
She was declared entitled to a half share in the ancestral properties situated at Hirekoppa village.
The remaining half share was directed to be divided equally among the three children born to Nimbavva, each receiving one fourth.
On the purchaser Eshwar’s claim over certain parcels of land, the bench clarified that he may seek appropriate remedies only from the share allotted to Sharanavva and not from the portions declared in favour of the children.
Why This Observation Matters
The court’s observations are expected to influence future interpretations of Class I heirs rights under amended Hindu Succession Act, especially in pending suits where widows and mothers face exclusion due to technical readings of Section 6.
The judgment reinforces that legislative intent must align with constitutional principles of equality and social justice.
Bench and Party Details
- Court: Karnataka High Court, Dharwad Bench
- Bench: Justice R Devdas & Justice B Muralidhara Pai
- Parties: Appellants and respondents arising out of Regular First Appeals relating to the estate of Mudakanagouda. Claimants included Sharanavva, Nimbavva’s children and purchaser Eshwar
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