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PAMIDIGHANTAM SRI NARASIMHA, SANDEEP MEHTA
Tej Bhan (D) Through Lr. – Appellant
Versus
Ram Kishan (D) Through Lrs. – Respondent
ORDER :
1. Interpreting Section 14 of the Hindu Succession Act, 19561[Hereinafter the ‘Act’.], in V. Tulasamma & Ors. v. Sesha Reddy (Dead) by LRs. (1977) 3 SCC 99”, Justice Bhagwati observed that this is a classic instance of a statutory provision which, by reason of its inapt draftsmanship, has created endless confusion for litigants and has proved to be a paradise for lawyers. Raising concern about the legislative indifference and interpretative difficulties presented by sub-sections (1) and (2) of Section 14, leading to judicial divergence, which might as well be described as chaotic, robbing the law of that modicum of certainty which it must always possess, Justice Bhagwati observed;
(1) Hindu female’s right to maintenance is not an empty formality or an illusory claim being conceded as a matter of grace and generosity, but is a tangible right against property which flows from sp....
Female Hindu inheritance – Objective of Section 14(1) of Hindu Succession Act, 1956 is to create an absolute interest in case of a limited interest of wife where such limited estate owes its origin t....
Hindu Women’s right to maintenance – Right of maintenance is sufficient for property given in lieu thereof to transform into absolute ownership, by way of Section 14(1) of HSA, 1956.
The court affirmed that a female's limited estate under a will evolves into an absolute right under Section 14(1) of the Hindu Succession Act, which cannot be restricted by subsequent bequests.
The main legal point established in the judgment is the liberal interpretation of Section 14 of the Hindu Succession Act to advance the objective of enlarging the limited interest possessed by Hindu ....
The right to maintenance under Hindu law can convert a limited interest in property into absolute ownership, overriding restrictions in the management deed.
The right to maintenance under Hindu law confers absolute ownership of property, overriding any restrictions in the management deed, as per Section 14(1) of the Hindu Succession Act.
Possession of property given to a Hindu female pursuant to or in recognition of a right to maintenance confers a right which gets enlarged to full ownership.
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