Tuesday, May 28, 2024

𝗝𝘂𝗱𝗶𝗰𝗶𝗮𝗹𝗗𝗿𝗲𝗮𝗺™

𝙰𝙵𝙵𝙾𝚁𝙳𝙰𝙱𝙻𝙴 & 𝙰𝙲𝙲𝙴𝚂𝚂𝙸𝙱𝙻𝙴

HINDU LAWMODEL ANSWER

WOMEN’S RIGHT TO FULL OWNERSHIP

What are the conditions that enable of female Hindu to hold the property possessed by her as “full owner” thereof  and not as a “limited owner” under Hindu Succession Act, 1956?

The Constitution of India is the resemblance of our society and for growth and development of society, it is necessary that every individual of society should grow equally irrespective of discrimination on the basis of sex. That is why, to remove the situations of inequalities and to bring equality among men and women, the constitutional assembly inserted Article 14 in the Constitution and every statue which has been enacted by legislature after the commencement of Constitution is based upon the principle of equality.

Indeed section- 14 of Hindu Succession Act, 1956, tries to bring equality among men and women by giving the right of full ownership to women. Before enactment of this act, according to Mitakshara law school, in a joint Hindu family, if any coparcener died intestate then only life interest with respect to property was created in favour of female heirs of deceased. They did not get the right of ownership but could enjoy the possession only. On the other hand, property of a deceased coparcener was devolved upon other coparcener fully along with ownership

That is why, under section- 14 of Hindu Succession Act, 1956, it is clearly mentioned that if any property acquired by female either before or after the commencement of this act, she will be full owner of that property. Here word “property” includes both movable as well as immovable property and she could acquire the property by any manner like by inheritance, gift, will, partition etc. This section converts the life estate into full ownership.

Although the main aim of this section is to give more proprietary rights to women. But this section does not take away the concept of  “limited ownership.”

According to section- 14(2) of Hindu Succession Act, 1956, if any property is acquired by woman by way of gift, will decree or order of court or any award or by any other instrument which prescribes the term “limited ownership” then full ownership will not be given to woman and she will not become full owner according to section- 14(2) of Hindu Succession Act, 1956.

In the leading case of V. Tulsamma vs V. Shesha Reddy(AIR 1977 SC 1944), The Supreme Court held that, “sub- section (2) of section 14 does not apply upon the pre- existing rights. It applies only upon instruments which confers  new right.”

It simply means, if any property has been transferred by any manner in lieu of pre-existing right then instead of this provision, full ownership will be transferred to woman but if any property is a transfer to woman not in lieu of pre-existing right but a new right has been created then if any instrument which transfer the property with condition of “limited ownership” then in such a case, the condition will be operative and she will not become the complete owner.

Hence it can be said that if any property is given to a woman in a lieu of pre- existing right then according to section- 14 of Hindu Succession Act, 1956, full ownership will be given to that woman but if any new right is created in her favour and because of that right any property is given to that women with the condition that only limited ownership will be given to that woman then such condition is valid according to section- 14(2) of Hindu Succession Act, 1956.

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