Property held in a wife's name cannot be treated as the husband's absolute estate for inheritance purposes; Supreme Court clarifies the application of the Indian Succession Act.

The dispute concerns the inheritance of a residential property (Khasra No. 690/7) purchased in 1959 by Mattus Anthony (MA), a Christian, in the names of his two wives, Filomina and Shyam Bai

Filomina died in 1985, leaving three children (Plaintiffs). MA died in 1991. Shyam Bai died in 2000; her son John Anthony predeceased her, leaving behind his widow and children (Defendants 1-5).

In 2002, the Defendants sold 888 sq. ft. (half share) to Defendant 6, leading Plaintiffs to challenge the sale

The Trial Court decreed the suit, declaring the sale invalid; the First Appellate Court reversed this, holding each wife (and their heirs) entitled to half

The High Court then modified the shares, granting the Plaintiffs 2/3rd as "lineal descendants" and the two widows 1/3rd collectively, applying Section 33 of the Indian Succession Act (ISA)

Section 35 of the Indian Succession Act, 1925, which grants a surviving husband the same rights over his deceased wife’s intestate property as a widow has over her husband’s

Section 33 of the ISA, which mandates that if an intestate leaves a widow and lineal descendants, one-third of the property goes to the widow and two-thirds to the descendants

Section 38 was cited regarding the distribution of property among grandchildren when no children survive the intestate

The principles of benami transactions from Valliammal v. Subramaniam were noted, affirming that intention and source of funds define such transactions

The Supreme Court found the High Court's application of Section 33 to the entire property was erroneous because MA never legally owned the whole property; he purchased it specifically in the names of his two wives

Since the property was held as tenants-in-common by the wives, it must be treated as two separate estates. Upon Filomina’s death in 1985, Section 35 operated to give MA a 1/3rd share of her half, while 2/3rds of her half devolved to her children (Plaintiffs)

When MA died in 1991, his 1/3rd portion (derived from Filomina) devolved among all his children from both wives as lineal descendants

Regarding Shyam Bai’s original half-share, since she died intestate and her son John predeceased her, that specific half-share devolved to her grandchildren (the Defendants) under Section 38

The Plaintiffs are entitled to 2/3rds of Filomina's half, plus their proportionate share of the 1/3rd MA inherited from Filomina. The Defendants (heirs of Shyam Bai) are entitled to Shyam Bai's original half-share plus their proportionate share of the 1/3rd MA inherited from Filomina. The appeal was allowed with all consequences to follow