The Supreme Court of India, in the matter of Tej Bhan (D) through LR and others vs. Ram Kishan (D) through LRs and others, has issued an Order dated 9 December 2024. The Court has directed the Registry to place the case before the Chief Justice of India for the constitution of a larger bench. The objective is to reconcile varying interpretations of Section 14 of the Hindu Succession Act, 1956, and to restate the law with clarity and certainty.
Conflict in Judicial Interpretations
Section 14 of the Hindu Succession Act governs the property rights of Hindu females. Sub-section (1) states that any property possessed by a Hindu female, whether acquired before or after the commencement of the Act, shall be held by her as full owner. Sub-section (2), however, carves out exceptions where property is acquired under certain instruments or terms.
The Supreme Court noted that the landmark judgment in Tulasamma & Ors. v. Sesha Reddy (Dead) by LRs. has laid the foundational principles for interpreting Section 14. This case established that a Hindu female’s property possession, whether before or after the Act’s enactment, grants her full ownership. However, over four decades, at least 18 Supreme Court judgments have taken varied and, at times, inconsistent views regarding the application of these principles.
Two Diverging Judicial Approaches
The Court observed two streams of judicial thought:
- The Tulasamma Approach: This applies the principles from the case as inviolable, emphasizing full ownership of property possessed by a Hindu female.
- Evolving Approach: This considers factors such as how the property was acquired, the instrument involved, and the timing of possession.
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The Court emphasized that the lack of clarity in interpreting Section 14 affects the rights of Hindu females, their families, and numerous pending disputes in courts nationwide. Establishing a definitive legal position is crucial to ensure fairness and consistency.
The constitution of a larger bench by the Supreme Court marks a pivotal step toward resolving discrepancies in interpreting Section 14 of the Hindu Succession Act. The outcome will significantly impact property rights for Hindu females and the broader judicial landscape concerning succession laws.
