Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Hindu Succession Act 1956: s.14 – Property of a female Hindu to be her absolute property |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Hindu Succession Act, 1956: s.14 – Property of a female Hindu to be her absolute property – Hindu widow – Right to hindu undivided property – Held: Hindu woman’s right to maintenance is a tangible right against the property which flows from the spiritual relationship between the husband and the wife – Where a Hindu widow is found to be in exclusive settled legal possession of the HUF property, that itself would create a presumption that such property was earmarked for realization of her pre-existing right of maintenance, more particularly when the surviving co-parcener did not earmark any alternative property for recognizing her preexisting right of maintenance – Word “possessed by” and “acquired” used in s. 14(1) are of the widest amplitude and include the state of owning a property – It is by virtue of s.14(1), that the Hindu widow’s limited interest gets automatically enlarged into an absolute right, when such property is possessed by her whether acquired before or after the commencement of 1956 Act in lieu of her right to maintenance – On facts, defendant no.1-hindu widow was staying in the suit property before the death of her uncle-inlaw, and after his death was in possession and in charge of the said property, and was paying the house tax prior to 1956 and was collecting the rent from the tenants in the suit property prior to and after 1956 – In view of her pre-existing right to maintenance from the estate of the HUF of her husband and in view of her exclusive settled possession of the suit property prior to and after the commencement of the 1956 Act, the defendant no.1 had acquired the suit property in lieu of her pre-existing right to maintenance, and that she had held the suit property as the full owner and not limited owner by virtue of s. 14(1) – Thus, the High Court rightly held that defendant no 1 had pre-existing right to maintenance in the suit property that had ripened into full ownership by virtue of s. 14(1) of the Act. |
Judge | Hon'ble Ms. Justice Bela M. Trivedi |
Neutral Citation | 2022 INSC 590 |
Petitioner | Munni Devi Alias Nathi Devi (dead) Thr Lrs. & Ors. |
Respondent | Rajendra Alias Lallu Lal (dead) Thr Lrs. & Ors. |
SCR | [2022] 3 S.C.R. 876 |
Judgement Date | 2022-05-18 |
Case Number | 5894 |
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