Madras High Court 
Chennai

‘Mom entitled to relief arrears of deceased ward’

The case relates to couple Annadurai and Saraswathi who got divorced in 2005.

DTNEXT Bureau

CHENNAI: The Madras HC has ordered that the mother of a deceased daughter is entitled to the compensation arrears as per the Section 15 of the Hindu Succession Act.

The case relates to couple Annadurai and Saraswathi who got divorced in 2005.

Saraswathi filed a petition in Maduranthakam court in 2014 seeking alimony from Annadurai, but the petitioner died in June 2021 while her plea seeking arrears of Rs 6.22 lakh was pending before the court. Subsequently, Jaya, the deceased’s mother, sought the intervention of Maduranthakam court to implead her in the petition.

The Maduranthakam court included Jaya in the pending case and awarded the compensation to her. In the counterpart, Annadurai moved the Madras High Court challenging this order. The case was heard by Justice V Sivagnanam.

“If a daughter dies, her property will go to the parents as per Section 15 of the Succession Act. Saraswathi has the right to receive compensation arrears,” he ruled and dismissed the petition.

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