Chandigarh, December 11, 2024 (Navroze Bureau) – The Supreme Court has given a major decision on the interpretation of property rights given to Hindu women under Section 14 of the Hindu Succession Act 1956. This decision has resolved the legal confusion that has been going on for six decades. Now the question arises whether a Hindu wife gets full ownership rights of the property given by her husband in the will even if any restriction has been imposed on her in the will?
In its decision on this matter, the Supreme Court bench said that this issue affects all claims and objections regarding the rights of Hindu women, their families and property. This issue goes beyond the interpretation of the law and affects the lives of various sections of the society. This will decide whether Hindu women will have complete freedom to use, transfer and sell their property or not.
The case is related to a will of 1965
The entire dispute began with a will made in 1965. A man named Kanwar Bhan had given his wife the right to occupy and use a piece of land until his death but there was a condition in the will that after her death the property would revert to his heirs.
Years later, the wife sold the property claiming herself to be the sole owner of the property. The son and grandson of the buyer of the land then challenged the sale and the matter reached the courts. The case generated contradictory judgments at several levels.
Differing verdicts and interpretations
Initially, the trial court and the appellate court cited the Supreme Court’s 1977 decision in the case of Tulsamma vs Shesha Reddy, which had broadly interpreted Section 14(1) to give Hindu women full ownership rights over property.
However, the Punjab and Haryana High Court disagreed and cited an earlier Supreme Court decision in Karmi vs Amru in 1972 to hold that specific restrictions made in a will could limit a woman’s property rights under Section 14(2).
What will be the impact of this decision?
This new Supreme Court judgment will clarify this complex issue once and for all. The questions raised in the hearing of this case will impact millions of Hindu women as it will determine how much freedom women will have over their property. Can they use, transfer and sell their property without any interference or will they face some restrictions?
After this decision of the Supreme Court, it will be clear whether Hindu women get full autonomy in property rights or not. This decision is not only important from the legal point of view but will also prove to be a milestone in the perspective of women’s rights in the society.