Ancestral property: Can children from a second marriage inherit land from their mother’s first marriage? SC explains
The Supreme Court has clarified that, when a woman’s limited interest becomes absolute under the Hindu Succession Act, 1956, succession must be decided on the basis of her ownership when she dies. The court upheld the inheritance claim of two sons born to a woman from her second marriage, rejecting the claim of male descendants from her first husband’s family.
In Sultan Singh (Dead) through LRs and Others vs Financial Commissioner, Government of NCT of Delhi and Others, decided on 9 October 2026, the Supreme Court dismissed the appeal against an order allowing the two sons, Chand Ram and Chander Bhan, to have the land mutated in their names.
The dispute concerned approximately 45 bighas of agricultural land in Bhawana village, Delhi.
Mauji Ram married Khajano, and they had a son, Ram Chander. After Mauji Ram died, Ram Chander died in 1937, leaving Khajano as the surviving representative of their estate. Khajano later remarried Bal Kishan and had two sons, Chand Ram and Chander Bhan.
Khajano was recognised as a Bhumidhar when the Delhi Land Reforms Act came into force on 20 July 1954. Khajano died in 1973. In 1997, her two sons applied to have the land mutated in their names in revenue records.
Male descendants of Mauji Ram’s brothers challenged the mutation. They argued that Khajano had inherited only a limited, life interest in the land and that, on her death, it should pass to the nearest surviving heirs of the last male proprietor under Section 50 of the Delhi Land Reforms Act.
The central issue was whether Khajano still held only a limited estate when she died in 1973, or whether her rights had become absolute under the Hindu Succession Act.
Under the Hindu Women’s Rights to Property Act, 1937, a widow inherited only a limited interest. The court accepted that this was Khajano’s original position.
However, Section 14(1) of the Hindu Succession Act provides that property possessed by a Hindu woman, whether acquired before or after the law came into force, is to be held by her as a full owner and not as a limited owner. Its explanation expressly includes property acquired through inheritance.
The court held that Section 14(1) enlarged Khajano’s interest into absolute ownership from 17 June 1956. She died in 1973, and was therefore an absolute owner when succession opened.
The court also clarified that Section 14(1) does not create a property right where a woman had no pre-existing legal interest. It converts an existing limited interest into full ownership when the statutory conditions are met.
Section 51(2) of the Delhi Land Reforms Act sets out succession rules for agricultural holdings inherited by women before the law commenced.
If a woman held only a life interest under the personal law applicable to her, the land devolves on the nearest surviving heir of the last male proprietor under Section 50. If she was entitled to hold the land absolutely, succession follows the table in Section 53.
The appellants argued that personal law should be frozen as of 1954. The Supreme Court disagreed.
It held that the reference to personal law in Section 51(2) is not frozen at the date of the 1954 law. The relevant law is the personal law applicable when the woman dies and succession opens.
Since Khajano died after the Hindu Succession Act came into force and her limited interest had become absolute, Section 51(2)(a)(ii), read with Section 53, governed succession. The court dismissed the appeal, leaving the mutation in favour of her two sons undisturbed.
The ruling clarifies women's inherited property rights.
However, the decision concerns a specific category of agricultural land in Delhi governed by the Delhi Land Reforms Act. It does not mean that children from a second marriage automatically inherit every property associated with a woman’s first marriage, or that all ancestral property disputes will be decided in the same way.
The source of the woman’s title, her original interest, whether she continued to possess the property, and the succession law applicable to it must be examined in each case
Kirti jha
Kirti Jha is a Senior Content Producer at Mint, where she writes on mutual funds, taxation, personal finance and macroeconomic developments. Her reporting focuses on helping readers understand complex financial developments through data-driven, research-backed stories that explain how policy changes, market trends and regulatory decisions affect investors and households. <br><br> Before joining Mint, Kirti worked at ET Money, where she specialised in mutual fund research and investment analysis. She tracked portfolio disclosures, fund manager strategies, sectoral allocation shifts and investment trends, distilling large datasets into investor-focused insights. Her work combined quantitative analysis with consumer-centric storytelling, enabling readers to better understand fund positioning, portfolio changes and long-term investment opportunities.<br><br> Kirti holds a Bachelor's degree in Economics from Indraprastha College for Women, University of Delhi, and a Master's in Finance from the Jindal School of Banking & Finance at O.P. Jindal Global University. Her academic training emphasised analytical thinking, quantitative research and financial decision-making, providing a strong foundation in understanding capital markets, financial systems and economic policy. With a combined experience in investment research and financial journalism, she is committed to producing accurate, accessible and insightful journalism that empowers readers to make well-informed financial decisions.
Get Latest real-time updates
Catch all the Instant Personal Loan, Business Loan, Business News, Money news, Breaking News Events and Latest News Updates on Live Mint. Download The Mint News App to get Daily Market Updates.
HomeMoneyPersonal FinanceAncestral property: Can children from a second marriage inherit land from their mother’s first marriage? SC explains
✕
Wait for it…
Oops! Looks like you have exceeded the limit to bookmark the image. Remove some to bookmark this image.