MANIYAMMA Vs. HARIKUMAR

JUDGEMENT

(1.) Will the property inherited by an issue-less female Hindu, who dies intestate, devolve on the heirs of her father is the point that emerges for consideration in this appeal?

(2.) The appellant had filed O.P (OS) No.1295/2008 against the respondents before the Family Court, Alappuzha, seeking a decree for recovery of money and gold ornaments. The appellant is the mother of late Prabha Kumari, who was the wife of the 1 st respondent and the daughter-in-law of respondents 2 and 3.

(3.) The congealed facts in the original petition are: Prabha Kumari and 1st respondent were married on 1.9.2004. The couple was issue-less. Prabha Kumari died due to burn injuries on 13.9.2007. The Sub Inspector of Police, Pandalam registered Crime No. 541/2007 against the respondents. Prabha Kumari was given 40 sovereigns of gold ornaments worth Rs.4,00,000/- (Rupees Four lakh only), as her share in her parental properties. The appellant also gave the respondents an amount of Rs.2,00,000/- (Rupees Two lakh only), to construct a house. The respondents misappropriated the money and gold ornaments. On the death of Prabha Kumari, the appellant demanded for return of the money and gold ornaments, but the respondents refused to return the same. Hence the original petition.