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Women’s rights in husband’s property and ancestral property have always been a controversial and sensitive issue. Now a historic decision of the Supreme Court has given great clarity on this subject. The Supreme Court has decided to resolve the confusion of interpretations of property rights of Hindu women under the Hindu Succession Act, 1956, which has become an important issue pending for six decades.
The question is whether a Hindu wife has full ownership rights over the property given by her husband, even if some restrictions are imposed in the will? So let us tell you that the Supreme Court bench of Justice PM Narasimha and Sandeep Mehta on Monday decided to send this matter to a larger bench, so that this issue can be resolved once and for all. The court said that this issue is related to the rights of every Hindu woman, her family and cases pending in many courts across the country. This question is not only of legal nuances, but this decision will have a profound impact on millions of Hindu women. This decision will decide whether women can use, transfer or sell their property without any interference.
What was the whole matter?
The case has its roots in a six-decade-old case. The case is linked to a 1965 will by a man named Kanwar Bhan, in which he gave his wife lifetime rights over a piece of land, but with the condition that after his wife’s death the property would revert to her heirs. A few years later, the wife sold the land. She claimed to be the full owner of the property. The son and grandson then challenged the sale and the case went to the courts, with conflicting verdicts at every level.
The trial court and the appellate court ruled in favour of the wife, citing the 1977 Supreme Court judgment in Tulsamma vs Sesh Reddy, which had construed Section 14(1) of the Hindu Succession Act broadly, giving Hindu women full ownership rights over property. However, the Punjab and Haryana High Court disagreed and cited the 1972 Supreme Court judgment in Karmi vs Amru, which held that the conditions in the will were restrictive of property rights.
SC stresses need for clarity on issue
The dispute has now reached the Supreme Court where Justice PN Bhagwati was reminded of the questions raised in the Tulsamma judgment. Justice Bhagwati had described the legal draft of Section 14 as a paradise for lawyers and endless confusion for litigants. The Supreme Court stressed the need for clarity on the issue and said that it is extremely important to clarify the legal position on this subject. Now a larger bench will have to decide whether the conditions given in the will can limit the property rights of Hindu women under Section 14(1).
