In one of the recent case at Madras High court as observed that mother is entitled to the property of her deceased daughter, in this case the property was the arrears of maintenance accrued till the death of her daughter.

The fact of the case is that the petitioner is the husband. The respondent is the mother-in-law of the petitioner. The petitioner married the respondent's daughter “S” in the year 1991. Due to misunderstanding, they separated. The petitioner/ husband by filing a divorce petition, got a divorce decree. Thereafter, S filed a maintenance case before the Judicial Magistrate. After trial of the maintenance case, the learned Judge awarded a monthly maintenance of Rs.7,500/- payable by the petitioner/husband to his wife S on 22.01.2021 and the amount was ordered to pay from the date of petition i.e. on 04.01.2014. Thereafter, his wife S filed a maintenance application and got maintenance order. For collecting the arrears of maintenance, the wife S filed an application before the Judicial Magistrate. In the petition, she claimed the arrears of maintenance amount of Rs.6,37,500/-. In Pendency of this petition, the wife S died on 05.06.2021. Thereafter, her mother filed a petition to implead her as a petitioner and to permit her to recover the arrears of maintenance amount of Rs.6,22,500/-. The petition of the mother was allowed for impleading the mother as petitioner for collecting the arrears of maintenance amount of Rs.6,22,500/-. Aggrieved by this order, the petitioner/husband filed the present criminal revision case, which is under challenge.

No doubt, the right of maintenance is wife's personal right. The maxim “Action personalis moritur cum persona” (A personal action dies with the person) is applicable, so far as future maintenance is concerned. So far as the arrears of maintenance is concerned, it is a property of wife as per the explanation 2 Section 14 of Hindu Succession Act. In so far as the arrears of maintenance have accrued due, it would in the nature of property which is heritable but a right to future maintenance is however not transferable or heritable. Since the marriage itself gets dissolved as a result of such a decree of divorce. Therefore, by virtue of Hindu Succession Act, Section 15(i)(c), the mother is a successor to her deceased daughter in the absence of sons and daughters (including the children of any predeceased son or daughter).