Source: Supreme Court

Why in News?

Recently in the Mukatlal v. Kailash Chand (d) And Others case, the Supreme Court ruled that for a female Hindu to assert absolute ownership of an undivided property within a Hindu Undivided Family (HUF) under Section 14(1) of Hindu Succession Act 1956 (HSA), she must be in possession of the property in question.

What was the Background of Mukatlal v. Kailash Chand (d) And ors. ?

• The adopted son of a female Hindu (widow) sought partition of the HUF property, claiming it was inherited by his widowed mother.
• Even though the widow was not in possession of the HUF property, the lawsuit seeking title and possession was rejected.
• The respondent (adopted son) filed a suit for partition of the HUF property in High Court which was allowed.
• The defendant appealed to the Supreme Court against the High Court's decision.

What were the Court’s Observations?

• The supreme court allowed the appeal and reversed the impugned judgment of the High Court.
  • Justices BR Gavai and Sandeep Mehta observed that for establishing full ownership on the undivided joint family estate under Section 14(1) of the HSA the Hindu female must not only be possessed of the property but she must have acquired the property and such acquisition must be either by way of inheritance or devise, or at a partition or “in lieu of maintenance or arrears of maintenance” or by gift or be her own skill or exertion, or by purchase or by prescription”.
• Section 14(1) of the HSA mandates that for a female Hindu to assert full ownership of undivided HUF property, she must satisfy two criteria:
  • being in possession of the property
  • acquiring it through inheritance, devise, partition, maintenance, gift, skill, exertion, purchase, or prescription.
• The Court noted that the Hindu female's lack of possession of the HUF property meant that merely inheriting a share in the HUF would not suffice to support her claim of full ownership over it.

What is Hindu Succession Act, 1956?

• It was enacted on 17th June 1956 to amend and codify the law relating to intestate succession among Hindus.
• The Hindu Succession (Amendment) Act, 2005 amended the provisions on coparcenary property, giving daughters of the deceased equal rights with sons, and subjecting them to the same liabilities.

What is Hindu Succession Act, 1956?

About:

• Section 14 of HSA, 1956 deals with the property of a female Hindu to be her absolute property.
• Absolute Ownership:
  • Section 14 grants female Hindus absolute ownership of any property they possess, regardless of when it was acquired, whether before or after the Act's commencement.
• Exception:
  • This absolute ownership does not apply to properties acquired through specific means such as gift, will, decree, order of a civil court, or award if those instruments prescribe a restricted estate.
• Legal Status:
  • Once a female Hindu possesses a property, it becomes her full and unrestricted ownership under this section, giving her the same legal rights as any other property owner.

Legal Provision of Section 14 of HSA:

• Section 14 of HSA deals property of a female Hindu to be her absolute property. It states that -

(1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner.

Explanation.—In this sub-section, “property” includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as Stridhana immediately before the commencement of this Act.

(2) Nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property.

What are the Major Case Laws Related to Section 14 of HSA?

• M Sivadasan (Dead) through LRs v. A.Soudamini (Dead) through LRs and others (2003) , Supreme Court observed that possession was a pre­requisite to sustain a claim under sub­section (1) of Section 14 of this Act. The Hindu female must not only be possessed of the property, but she must have acquired the property. Such acquisition must be either by way of inheritance or devise, or at a partition or in lieu of maintenance or arrears of maintenance or by gift or by her own skill or exertion, or by purchase or by prescription.
• In Chaudhary v. Ajudhia (2003), the High Court of Himachal Pradesh held that it is immaterial as to how the female acquired the property and if she possesses any property, the property is considered as her absolute property.