The Supreme Court has ruled that a Hindu woman can claim absolute ownership of property under Section 14(1) of the Hindu Succession Act, 1956 (HSA), if the property is tied to her antecedent right to maintenance. However, the Court clarified that properties acquired through written instruments or court decrees unrelated to such maintenance rights would fall under Section 14(2), disqualifying claims to absolute ownership.
The bench, comprising Justice CT Ravikumar and Justice Sanjay Karol, made these observations while deciding whether a Hindu woman, whose life interest in a property was created through a partition deed, could claim absolute ownership of the property. The Court held that since the property was not acquired in lieu of maintenance, she could not claim full ownership under Section 14(1).
Court’s Observations
Justice Sanjay Karol stated, “The very right to receive maintenance is sufficient title to enable the ripening of possession into full ownership if she is in possession of the property in lieu of maintenance.”
The bench emphasized the distinction between Section 14(1) and Section 14(2) of the HSA, explaining that the former applies when a Hindu woman holds property linked to her maintenance rights, while the latter serves as an exception.
Citing Gulwant Kaur v. Mohinder Singh (1987), the Court noted: “Sub-section (2) of Section 14 is in the nature of an exception to Section 14(1) and provides for a situation where property is acquired by a female Hindu under a written instrument or a decree of Court and not where such acquisition is traceable to any antecedent right.”
Reference to Precedents
The Court referenced Jaswant Kaur v. Harpal Singh (1989) and Gulwant Kaur v. Mohinder Singh (1987) to affirm its stance, stating:
“It makes no difference whether the property is acquired by 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 or in any other manner whatsoever. The explanation expressly refers to property acquired in lieu of maintenance.”
It added that the antecedent right to maintenance is sufficient to transform possession into absolute ownership under Section 14(1) if the property is held in lieu of maintenance.
Case-Specific Ruling
Applying these principles, the Court held that the woman’s life interest created through a partition deed was not linked to any antecedent maintenance right. Consequently, she could not claim absolute ownership of the property.
This ruling clarifies the conditions under which a Hindu woman can claim absolute ownership under Section 14 of the HSA, reaffirming the role of antecedent maintenance rights in determining such claims.
