Hindu Succession Act: Conditions for Female Ownership of HUF Property Clarified by Supreme Court
Introduction: In a recent landmark judgment, the Supreme Court provided clarity on the conditions under which a female Hindu can claim absolute ownership of property within a Hindu Undivided Family (HUF) under Section 14(1) of the Hindu Succession Act (HSA).
Key Points: The bench, comprising Justices BR Gavai and Sandeep Mehta, emphasized that for a female Hindu to establish full ownership of an undivided joint family estate, she must meet two essential criteria:
- Possession Requirement: The female Hindu must be in possession of the property.
- Mode of Acquisition: She must have acquired the property through inheritance, devise, partition, in lieu of maintenance, gift, her own skill or exertion, purchase, or prescription.
Legal Context and Precedents: The judgment referenced previous cases such as M. Sivadasan v. A. Soudamini and Munni Devi Alias Nathi Devi v. Rajendra Alias Lallu Lal to underscore the statutory framework.
Case Background: The case involved a dispute where the adopted son of a deceased widow claimed partition of the HUF property. Despite the widow inheriting the property after her husband’s demise, she was not in possession of it. Her initial suit seeking title and possession over the property was dismissed, leading to finality in the decision.
Court’s Ruling: The Supreme Court clarified that mere inheritance of a share in the HUF property does not suffice to establish full ownership under Section 14(1) of the HSA. Since the deceased widow was never in possession of the property, her adopted son’s suit for partition claiming absolute ownership was untenable.
Conclusion: In conclusion, the Court allowed the appeal and overturned the High Court’s decision, reinforcing the significance of possession as a prerequisite for claiming absolute ownership under the Hindu Succession Act.
