Will Hindu women inherit full ownership rights to husband’s property? SC to rule today

A two-judge bench, which called for a larger bench to rule on the matter, observed that the judgment is of utmost importance as it affects the property rights of every Hindu woman.

The Supreme Court is set to straighten out the confusion concerning interpretations of property rights granted to Hindu women under Section 14 of the Hindu Succession Act, 1956. Significantly, this judgment will try to solve whether a Hindu wife inherits full ownership right to property bequeathed by her husband, even when a will includes restrictions on the property rights. 

A two-judge bench comprising Justices PS Narasimha and Sandeep Mehta referred the question to a larger bench to settle the issue which has led to as many as 20 judgments in the past six decades. 

The bench had said that the issue is of ‘utmost importance’ as it affects the rights of every Hindu woman and her larger family. 

“The issue is of utmost importance as it affects the rights of every Hindu female, her larger family and such claims and objections that may be pending consideration in almost all original and appellate courts across the length and breadth of the country,” the apex court observed. 

The judgment will solve issues beyond legal semantics as for millions of Hindu women the interpretation of Section 14 might be able to determine whether they can sell, transfer or use the property bequeathed to them without any interference. 

Hindu Succession Act Section 14 explained 

Section 14(1) of the Hindu Succession Act was introduced to tackle discriminatory customary laws and to ensure that Hindu women have full ownership of the property acquired by her. 

However, according to Section 14(2), this would not apply to property acquired by Hindu women through instruments such as gifts, will or a court decree, that confer restrictions on the property rights. 

The top court in 1977, in V Tulasamma & Others v. Sesha Reddy by LRs reinstated the absolute ownership rights of Hindu women under Section 14 (1) by observing that property given to a Hindu woman instead of pre-existing rights such as maintenance would fall under Section 14(1) and not Section 14(2).