Mother of deceased divorced Hindu female is entitled to inherit unpaid divorce settlement amount as legal heir.

The petitioner’s daughter, late Kiran Raikwar, and respondent no. 2 filed for divorce by mutual consent under Section 13-B of the Hindu Marriage Act.

A decree was granted on April 23, 2024, with a settlement term requiring respondent no. 2 to pay ₹20 lakh to the wife.

While ₹4 lakh was paid, the remaining ₹16 lakh was deposited with the Family Court. The wife moved a release application on May 24, 2024, and a cheque was prepared on July 6, 2024; however, she died on July 16, 2024, before receiving it.

The petitioner, the deceased's mother and sole surviving family member, applied for the release of the funds. Respondent no. 2 objected, contending the money was personal maintenance meant only for the wife.

Whether the mother of a deceased divorced daughter is entitled to receive the amount awarded to the daughter under a divorce decree?

Whether the legal representatives of a deceased divorced wife can claim settlement amounts if she dies after the decree but before receiving payment?

Section 14 of the Hindu Succession Act, 1956, which establishes that property possessed by a female Hindu (including sums in lieu of maintenance or under a decree) is her absolute property.

Section 15(1)(c) of the same Act, which prescribes that in the absence of children or husband, a female Hindu’s property devolves upon her mother and father.

Section 2(11) of the CPC defining "legal representative" as one who represents the "estate" of the deceased, and Section 146 of the CPC, which allows proceedings to be continued by persons claiming under the original party.

The doctrine from Yallawwa v. Shantavva regarding the extinguishment of husband’s inheritance rights post-divorce and V. Tulasamma v. Sesha Reddy regarding absolute ownership of property acquired in lieu of maintenance.

The court reasoned that since the divorce was finalized, the respondent no. 2 (ex-husband) lost all mutual rights of inheritance in the deceased's property.

Under Section 14 of the Hindu Succession Act, the ₹16 lakh became the absolute property ("estate") of the deceased wife the moment the decree was passed, regardless of whether it was labeled as maintenance.

Because the deceased died intestate without children and her status as a wife had legally ceased, the property devolved upon her parents under Section 15(1)(c).

The petitioner, being the widowed mother and sole heir, qualifies as the "legal representative" under Section 2(11) CPC and under Section 146 CPC, the petitioner was legally entitled to pursue the release application originally filed by her daughter.

The Court allowed the petition and directed the Principal Judge, Family Court, Banda, to release the sum of ₹16,00,000/- to the petitioner within two weeks.