Arunachala Gounder v. Ponnuswamy
Supreme Court of India 2022 Bench: SC Citation: 2022 SCC SC 72 Area: Hindu Succession Read: ~5 min
CASE_TITLE: Arunachala Gounder v. Ponnuswamy
PRIMARY_KEYWORDS: self-acquired property, daughter’s inheritance, Section 15 HSA
SECONDARY_KEYWORDS: survivorship, Hindu law, intestate
PUBLISH_DATE: 31-10-2025
AUTHOR_NAME: Gulzar Hashmi
LOCATION: India
Quick Summary
This case explains three things in plain terms:
- 1 The property bought by Marappa Gounder in 1938 was his self-acquired property.
- 2 When he died intestate in 1949, his sole daughter rightfully inherited it—this was valid even before the Hindu Succession Act, 1956.
- 3 When the daughter died intestate and issueless in 1967, the property passed by inheritance under Section 15 HSA to her father’s heirs—here, all five children of her paternal uncle, equally.
Issues
- Was Marappa’s property self-acquired or joint family property?
- Could his only daughter inherit that self-acquired property under pre-1956 Hindu law?
- After the daughter died issueless, did the property devolve by inheritance or survivorship?
Rules
- A sole daughter can inherit her father’s self-acquired property if he dies intestate—even before the HSA, 1956.
- On the daughter’s intestate and issueless death, devolution follows Section 15 HSA: first husband’s heirs; if none, it goes to her father’s heirs.
Facts — Timeline
1938: Marappa buys property in a court auction — it is self-acquired.
1949: Marappa dies intestate; his sole daughter Kuppayee Ammal inherits.
1967: Kuppayee dies intestate and issueless.
Family: Marappa’s brother Ramasamy had predeceased; he left one son Gurunatha and four daughters.
Dispute: Thangammal (one of the daughters) seeks partition, claiming equal 1/5 shares for the five siblings.
Lower courts: Trial Court and High Court favour survivorship in favour of Gurunatha; suit dismissed.
Supreme Court: Appeal by Thangammal’s legal heirs succeeds.
Arguments
Appellant (Thangammal)
- Property was self-acquired; daughter rightly inherited in 1949.
- On daughter’s intestate and issueless death, Section 15 sends it to the father’s heirs.
- Thus, all five children of Ramasamy get equal shares.
Respondents (Gurunatha’s side)
- Claimed devolution by survivorship as Marappa died before HSA, 1956.
- Asserted Gurunatha was the sole heir.
Judgment
- The property was self-acquired, not joint family property.
- The sole daughter could inherit the father’s self-acquired property even before 1956. She validly inherited in 1949.
- On her intestate, issueless death in 1967, devolution followed Section 15 HSA: with no husband or his heirs, it went to her father’s heirs.
- All five children of Ramasamy (Marappa’s brother) were each entitled to a one-fifth share.
- Supreme Court allowed the appeal and set aside Trial Court and High Court decisions.
Ratio Decidendi
For self-acquired property of a Hindu male dying intestate before 1956, a sole daughter is a valid heir. If she later dies intestate and issueless, Section 15 HSA routes the property to the class of heirs set by the statute—ultimately to her father’s heirs when nearer categories are absent.
Why It Matters
- Clarifies pre-1956 inheritance rights of a daughter over the father’s self-acquired property.
- Draws a clean line between inheritance and survivorship in such cases.
- Gives a practical roadmap for Section 15 HSA when a woman dies intestate and issueless.
Key Takeaways
Self-acquired stays distinct from joint family property unless blended.
Sole daughter’s inheritance right existed even before HSA, 1956.
After daughter dies issueless, follow Sec 15 sequence.
If no husband/husband’s heirs, it returns to father’s heirs.
Mnemonic + 3-Step Hook
Mnemonic: S-D-F — Self-acquired → Daughter → Father’s heirs.
- Spot if property is self-acquired.
- Decide daughter’s right even pre-1956.
- Flow under Section 15 to father’s heirs if she dies issueless.
IRAC Outline
| Issue | Rule | Application | Conclusion |
|---|---|---|---|
| Nature of property; daughter’s inheritance; mode of devolution. | Pre-1956 Hindu law; Section 15 HSA for female intestate without issue. | Property was self-acquired; daughter inherited in 1949; on her death in 1967, Section 15 led to father’s heirs. | Appeal allowed; five children of Ramasamy each get 1/5 share. |
Glossary
- Self-acquired property
- Property bought by one person from his own funds; not joint family property.
- Intestate
- Dying without a valid will.
- Survivorship
- Right by which a coparcener takes property on another’s death; distinct from inheritance.
- Section 15 HSA
- Sets order of heirs for property of a Hindu woman dying intestate.
FAQs
Yes. A sole daughter could inherit her father’s self-acquired property if he died intestate, even before the HSA came into force.
Because the property was self-acquired and devolved by inheritance, not by coparcenary rules of survivorship.
All five children of Ramasamy (the father’s brother) as the father’s heirs—each got an equal one-fifth share.
Arunachala Gounder v. Ponnuswamy, 2022 SCC SC 72; highlight self-acquired nature, daughter’s right pre-1956, and Section 15 flow to father’s heirs.
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