S. 14 HSA | Hindu Woman Can Claim Absolute Ownership Of Property Possessed Under Her Antecedent Maintenance Right: Supreme Court

The Supreme Court observed that a Hindu woman can claim absolute ownership if the property is tied to her antecedent maintenance right.

The bench comprising Justice CT Ravikumar and Justice Sanjay Karol observed that under Section 14(1) of the Hindu Succession Act, 1956 ("HSA"), for a possessory right to be transformed into full ownership, it must be established that the Hindu woman holds the property in lieu of maintenance. However, the bench clarified that if a Hindu woman acquires property through a written instrument or a court decree, and such acquisition is not linked to any antecedent right, Section 14(2) would apply, disqualifying her from claiming absolute ownership of the property.

“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 court said.

The Court observed the aforesaid while deciding whether a Hindu woman whose life interest was created in the property through a partition deed would be entitled to absolute ownership over the said property under Section 14(1) of HSA.

Answering negatively, Justice Sanjay Karol's judgment clarified that a Hindu woman is entitled to absolute ownership of property only if she acquired or received it in lieu of maintenance as part of her antecedent right.

The Court said that “the right of maintenance is sufficient for the property given in lieu thereof to transform into absolute ownership, by way of Section 14(1) of the HSA, 1956.” Reference was drawn to the case of Jaswant Kaur v. Harpal Singh (1989) in which the Court affirmed the ratio of Gulwant Kaur v. Mohinder Singh (1987), where the Court succinctly explained the difference between sub-sections (1) and (2) of Section 14 of HSA.

“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 and we do not see what further title the widow is required to establish before she can claim full ownership under Section 14(1) in respect of property given to her and possessed by her in lieu of maintenance. 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. 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.”, the court said in Gulwant Kaur's case.

Applying the law to the facts of the case, the Court held that since the woman acquired possessory rights under a partition deed for a limited period, rather than in lieu of maintenance, she could not claim absolute ownership of the property.

Also From Judgment: Hindu Succession Act | Life Interest Given To Woman Will Not Transform Into Absolute Ownership As Per Section 14 : Supreme Court

Case Title: KALLAKURI PATTABHIRAMASWAMY (DEAD) THROUGH LRS. VERSUS KALLAKURI KAMARAJU & ORS.

Citation : 2024 LiveLaw (SC) 906

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