Shakuntala & Ors. Vs Robert Anthony & Ors. (Supreme Court of India)
Supreme Court Clarifies Christian Succession: Property Purchased in Wives’ Names Belongs to Them, Not the Husband
The Supreme Court held that where a Christian husband purchases property directly in the names of his two wives, the property belongs to the respective wives and cannot be treated as the husband’s estate for applying the succession rules under Section 33 of the Indian Succession Act, 1925. The Court found that the High Court had erred in treating the entire property as belonging to the husband and distributing it accordingly.
The Court explained that since one wife (Filomina) predeceased the husband, succession to her half share was governed by Section 35, under which the surviving husband inherited the same rights that a widow would have had in her husband’s property. Thus, the husband became entitled to one-third of Filomina’s half share, while the remaining two-thirds devolved upon her children. The husband’s inherited one-third share subsequently devolved upon all his children in accordance with the Act.
As regards the half share standing in the name of the second wife (Shyam Bai), the Court held that it remained her exclusive property and, upon her intestate death, devolved only in accordance with the provisions applicable to her estate under the Indian Succession Act. The Court reiterated that Christian law does not recognise the concept of joint family or coparcenary property, and inherited property is held as tenants-in-common, not as joint family property.
The Supreme Court also noted that neither the validity of the second marriage nor the issue of a benami transaction was pressed before it. Accepting the case that the husband had purchased the property out of love and affection for his wives, the Court set aside the judgments of all the courts below and allowed the appeal.
FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER
1. Leave Granted.
