JANAK RANI CHADHA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Smt.Janak Rani and Shri Surjit Kumar Chadha lost their daughter and what has added to their misery is that that precious life was lost at the hands of their son-in-law to whom they had given her hand in marriage. The deceased was Smt.Shamma Chadha. She was married to Shri Prabhat Uppal. The deceased has left behind property bearing plot No.4 Road P1, admeasuring 250.56 sq.mtrs. situated at Village Shahpur now known as DLF Qutab Enclave Complex Tehsil and District Gurgaon. The said property was purchased by her prior to her marriage and as she died intestate, her parents are now claiming 'Letters of Administration' with regard to it under Sections 273 and 278 of the Indian Succession Act.

(2.) Notice of the probate petition was issued to the husband of the deceased and so also to the public at large through publication in the newspaper "The Statesman" inviting of objections, if any. In response to the notice, the husband filed his reply stating that he had no objection to the grant of 'Letters of Administration' to the parents of the deceased. His parents also laid no claim to the property.

(3.) It is not in dispute that the husband was convicted under Section 302 IPC for committing the murder of his wife and that in appeal his conviction was converted from Section 302 to Section 304 IPC Part I. It is laid down in Section 25 of the Hindu Succession Act 1956 that a person who commits murder shall be disqualified from inheriting the property of the person murdered. If the husband has not staked claim to the property of his wife it is not on account of any remorse on his part but because of this section. I say so for the reason, that during the course of arguments his counsel contended that the property should go to his parents, despite the fact, that the parents themselves had made no claim to it. The submission was based on Section 15 of the Hindu Succession Act, 1956 which reads as under : -