PROPERTY OF A FEMALE HINDU TO BE HER ABSOLUTE PROPERTY (SECTION 14 OF HSA,1956)

by | Dec 22, 2023

INTRODUCTION

The Hindu Succession Act of 1956 marks a pivotal moment in the evolution of property rights for females in India. This comprehensive legislation aimed to eradicate historical disparities and empower women by granting them absolute ownership of property. Examining the nuances of Section 14 of the Hindu Succession Act,1956 unveils the transformation from limited to absolute ownership for female heirs.

UNDERSTANDING FEMALE HINDU PROPERTY

Section 14, Hindu Succession Act, 1956, unequivocally declares that a female Hindu’s property is her absolute property. This encompasses assets acquired through various means—earning, inheritance, gifts, or maintenance. Notably, Section 14(2) carves out exceptions for the first-time acquired property without pre-existing rights.

SCOPE AND EXTENT OF FEMALE PROPERTY RIGHTS

Female ownership extends beyond physical possession to constructive possession, expanding the definition of ‘possession’ to include legal entitlement. However, Section 14 draws a line, excluding money given for maintenance while recognizing a widow’s absolute right to property acquired as a right to maintenance from a Joint Hindu Family.

TRANSFORMATION OF LIMITED OWNERSHIP

Section 14 not only converted limited ownership into full-fledged ownership but also clarified the share and nature of a widow’s estate in Mitakshara coparcenary. The widow inherits her deceased husband’s separate property as a primary heir, akin to a son, disrupting the doctrine of survivorship. This marked a departure from the historical incapacity imposed on women under Hindu law.

OBJECTIVES AND IMPACT OF THE ACT

The Act had two primary objectives: eliminating the incapacity of women to hold property only as limited owners and converting existing limited ownership into absolute ownership. This shift blurred the distinctions between male and female property ownership, abolishing concepts like stridhan and non-stridhan, saudayika, and non-saudayika stridhan.

APPLICATION TO PRE-ACT PROPERTIES

The Act aimed to convert a widow’s limited interest into absolute estate, regardless of when the property was acquired. Two conditions were crucial: possession as a limited owner and no remarriage. However, the Act’s non-retrospective nature meant that heirs couldn’t benefit if the widow had remarried or passed away before the Act’s commencement.

ACQUISITION OF PROPERTY BY FEMALES

The Act delineates various ways in which a woman can acquire property—inheritance, device, partition, maintenance, gift, personal skill, exertion, purchase, prescription, or any other manner. Each mode ensures absolute ownership for the female, breaking away from historical restrictions on disposal during coverture.

POST-COMMENCEMENT PROPERTY ACQUISITION

Section 14(1) of Hindu Succession Act,1956 dismantles the historical incapability of women to acquire property as full owners, regardless of whether acquired before or after the Act’s commencement. The phrase ‘whether acquired before or after the commencement of the Act’ crucially ensures the inheritance of property as an absolute owner.

LIMITED ESTATE UNDER SECTION 14(2)

While Section 14(1) liberates women from statutory incapability, Section 14(2) safeguards the right of property owners to prescribe restricted estates through gifts, wills, or other instruments. This exception ensures that limited interests conferred under specific conditions do not automatically mature into absolute interests.

CONFUSION AND LITIGATION

The overlap between Sections 14(1) and 14(2) has been a focal point of litigation. While Section 14(1) broadens the scope for absolute ownership, Section 14(2) carves out exceptions, leading to confusion and disputes in interpreting the consequences of female property acquisition through gifts, wills, or other legal instruments.

CONCLUSION AND ANALYSIS

The evolution of female property rights under the Hindu Succession Act, 1956, represents a significant departure from historical norms. From limited ownership, the legislation empowered women with absolute ownership, eradicating gender-based disparities. The Act not only addresses the pre-existing limited ownership but also ensures that post-commencement acquisitions grant women full ownership rights. Despite the clarity provided by Section 14, the interplay between its subsections has led to legal complexities, emphasizing the need for a nuanced understanding of female property rights in the Indian legal landscape.

REFERENCE

1-https://www.ndtv.com/india-news/supreme-court-on-property-ownership-by-wife-if-maintenance-taken-care-of-2743469/amp/1 -NDTV

2-https://m.economictimes.com/wealth/real-estate/who-has-the-right-over-a-womans-property-after-she-dies/amp_articleshow/70407881.cms -THE ECONOMIC TIMES

3-https://m.economictimes.com/news/politics-and-nation/hindu-woman-absolute-owner-of-property-under-hindu-succession-act-madras-high-court/articleshow/34936219.cms -THE ECONOMIC TIMES 

 

 

 

 

Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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