Proprietary rights and law relating to succession of a Female Hindu (Section 14, Hindu Succession Act)

 

 

Q. 24. Comment on the right to the property of a Hindu female under Section 14 of the Hindu Succession Act, 1956.

Or Examine the proprietary rights of a female Hindu under Section 14 of the Hindu Succession Act, 1956.

Or

Section 14 of the Hindu Succession Act, 1956 has brought about a revolutionary change by enlarging the proprietary rights of a female Hindu.' Do you agree with this statement? Point out the provision contained in this section with special reference to leading cases.

Ans. Proprietary rights of a female Hindu (Section 14, Hindu Succession Act).-Prior Hindu law.-Before the commencement of the Hindu Succession Act, 1956, the property received by a Hindu female by inheritance and share allotted on partition was to be held by her as a limited owner. This limited ownership in Hindu law was known as "Hindu woman's estate." The holder of "woman's estate" was limited owner in the sense that after her death the property could not devolve on her own heirs, but would devolve on the heirs of the last full owner, and that the owner could not transfer the property except under three circumstances. These circumstances were: (1) legal necessity, (II) benefit of estate, and (III) religious purposes.

 

Section 14, Hindu Succession Act.-Section 14 of the Hindu Succession Act, 1956, abolishes the Hindu "woman's estate" and confers on them the absolute ownership of all property, except those which are expressly provided by sub-section (2). Section 14 (1) runs thus:

"Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner."

"Any Property".-All property possessed by a Hindu female, irrespective of school she belonged, shall be held by her as full and absolute owner. The word "property" includes both movable and immovable acquired by her-

 

(i)            by inheritance;

(ii)           by purchase;

(iii) by partition;

(iv) by adverse possession;

 

(v) by finding;

(vi) in lieu of maintenance or arrears of maintenance;

(vii) by gift from relations or strangers, whether before or after the marriage;

(viii) by her own skill or exertion; or

(ix) in other manner whatsoever, or

(x) property held by her as stridhan immediately before the commencement of this Act.

When some property is allotted to the widow in lieu of her claim for maintenance, she becomes its absolute owner; V. Vulsamma v. Sesha Reddy, AIR 1977 SC 1944. But if no property is given in lieu of maintenance and only a sum of money is given, then section 14 does not apply; Sulabha v. Abhimanyu, AIR 1983 On 71.

 

In Bhura v. Kashiram, AIR 1994 SC 1202, the testator had given the property to Sarjabai only for a limited period, hence she would not be absolute owner under sub-section (1) of section 14 of the Act. The property would, in fact, be governed by sub-section (2) of section 14 of the Act as the court should give effect to the intention of the testator. The word "possessed" is used in the broad sense and in the context means the state of owning or having in ones hand or power; Gurumalappuru v. Setra, AIR 1959 SC 577. The words "any property possessed by a female Hindu" include actual as well as constructive possession. Even when the property is in the possession of a trespasser, she is in its constructive possession; Mangal v. Ratna, AIR 1967 SC 1786."

In V. Muthusami v. Angammal, (2002 (47) ALR 363 (SC) the Supreme Court opined that the words 'any property under Section 14 (1) of the Hindu Succession Act, 1956 are large enough to cover both movable and immovable property acquired by a female Hindu'. Before any property can be said to be "possessed by a Hindu woman, two things are necessary (a) she must have a right to the possession of the property and (b) she must have been in possession of that property either actually or constructively [Balvant Kaur v. Chanan Singh, AIR 2000 SC 1908].

In G.T.M. Kotturuswamy v. Setra Veeravva, AIR 1959 SC 577 the Supreme Court said that:

"The property must be possessed by a female Hindu at the time the Act came into force in order to make the provisions of the section applicable."

Of course the possession referred to need not be actual, physical possession or personal occupation of the property by the Hindu female but may be possession in law. [V. Muthuswami v Angammal, (2002) 47 ALR 363 (SC)]. The possession of a licensee, or mortgagee or guardian or trustee or an agent of the female owner would be her possession for the purpose of Section 14 (1) of the Act. In this case, Setra Veeravva was held to possess the property through his illegally adopted son Basayya. She became full owner of the property.

 

Restricted Estate to be continued

The rule that any property acquired by a Hindu female shall be her absolute property stated in sub-section (1) of Section 14 is subject to provision of sub-section (2). Sub-section (2) of Section 14 runs as follows:

"Nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under a will, or any other instrument or under a decree or order of a Civil Court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property."

This sub-section is based on the principle of sanctity of grants and contracts. Accordingly, the woman does not become the absolute owner of the property acquired by gift, will or any other instrument, decree or order of a Civil Court or an award, if such instrument, decree or order gives her only restricted right. In order to attract the provisions of sub-section (2), three things must necessarily exist:

Firstly, there must be an instrument or a document in writing;

Secondly, that instrument or document must be the source or foundation of the right of the Hindu female to the property in question; and

Thirdly, that the document must contain terms which create "restricted estate" taken by the Hindu female.

 

It is plain that if any one of these essentialities is absent, the estate taken by the woman would fall under sub-section (1) and she will get absolute estate.

 

The Supreme Court in Tulsamma v. Shesha Reddi, AIR 1977 SC 1944 and Sellammal v. Nellammal, AIR 1977 SC 1265 held that the female acquired absolute interest in the property allotted to her in lieu of maintenance even though it was restricted under the deed of compromise. Section 14 (1) would apply, and not Section 14 (2).

(a) Right of a child in the womb,

(b) Disabilities of a murderer for succession,

(c) Succession by will.

 

Q 24 (b) What are the rules laid down in the Hindu Succession Act, 1956 with respect to the succession to the property of a female Hindu? Discuss.

Ans. Rules of Succession to the property of a female Hindu.-Section 15 of the Hindu Succession Act prescribes the general rules of succession to the property of a female Hindu dying intestate and Section 16 of the Act lays down the order of succession.

Section 15 runs as follows:

Section 15, Hindu Succession Act.-"(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in Section 16-

(a) firstly, upon the sons and daughters (including the children of any predeceased son or daughter) and the husband;

(b) secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father, and

(e) lastly, upon the heirs of the mother.

 

(2) Notwithstanding anything contained in sub-section (1)-

(a) any property inherited by a female Hindu from her father or mother shall devolve in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father, and

(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre- deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein but upon the heirs of the husband."

 

Order of succession (Section 16).-Section 16 of the Hindu Succession Act prescribes the order of succession and manner of distribution among the heirs of a female Hindu. Section 16 runs as follows:

Section 16 Hindu Successtion Act.-"The order of succession among the heirs referred to in Section 15 shall be, and the distribution of the intestate's property among those heirs shall take place, according to the following rules, namely:

Rule 1.-Among the heirs specified in sub-section (1) of Section 15 those in one entry shall be preferred to those in any succeeding entry, and those included in the same entry shall take simultaneously.

Rule 2.-If any son or daughter of the intestate had pre-deceased the intestate leaving his or her own children alive at the time of the intestate's death, the children of such son or daughter shall take between them the share which such son or daughter shall have taken if living at the intestate's death.

Rule 3.-The devolution of the property of the intestate on the heir referred to in clauses (b), (d) and (e) of sub-section (1) and in sub-section (2) of Section 15 shall be in the same order and according to the same rules as would have applied if the property had been father's or the mother's or the husband's as the case may be, and such person had died intestate in respect thereof immediately after the intestate's death."

From a bare perusal of these sections, it is clear that for purposes of intestate succession, the property left by a female has been classified as under.

A. Property inherited by the female from her husband or father-in-law;

B. Property inherited by the female from her father or mother; and

 C. Property obtained from any other source, by inheritance or otherwise.

It should be noted that the classification A and B would arise only if the female dies issueless. If she has her issues, the distinction between the sources from which she got the property is not material.

If the female dies issueless, and the property left was inherited by her from her father or mother, it would devolve upon the heirs of her father Similarly if the property was inherited by her from her husband or father-in-law, and she dies issueless, the property would devolve upon the heirs of her husband, however, if she has acquired the property by gift from any such relations, it would devolve in accordance with the provisions of section 15(1) of the Act. Similarly, if she inherits any property from her brother, ordinarily rule of succession laid down in section 15(1) shall apply

 

Who are the heirs of a female Hindu?-Section 15 (1) divides heirs of a Hindu female into five categories (entries). The general rule is that heirs in an earlier entry exclude heirs in latter entries. If there are no heirs in any of these entries, property of the deceased Hindu female goes to the government by escheat.

 

1.    Heirs in the first entry.-(a) sons, (b) daughters, (c) children of pre- deceased son, (d) children of pre-deceased daughter, (e) husband.

The words 'son' and 'daughter' of the deceased used in sub-section (1) of section 15 of the Act means a son or daughter of the female, dying intestate, born to her of any husband former or latter. The definition includes even illegitimate children. But it does not include the step-children. Only the children begotten by her would be her heirs not the children born of some other women by her husband. The word 'son' includes natural and adopted children of a woman, those born to her after her marriage and even her illegitimate children.

2. Heirs in the second entry.-Heirs of the husband of the female Hindu dying intestate come under second entry. The heirs of the husband are:

(a) Heirs specified in Class I of the Schedule,

(b) Heirs specified in Class II of the Schedule,

(c) Agnates,

 

(d) Cognates.

 

In this entry 'husband' means the last husband of the propositus. It means the person who was her lawful husband at the time of her death.

 

3. Heirs in the third entry-(a) Mother-It does not include step-mother but includes natural as well as adoptive mother.

(b) Father-Father' does not include step-father or putative father. But it includes natural or adoptive father.

 

4. Heirs in the fourth entry.-Heirs of the father of the female dying intestate come under this entry. The heirs of the father are:

(a) Heirs specified in class I of the Schedule.

(b) Heirs specified in class II of the Schedule.

(c) Agnates.

(d) Cognates.

 

5. Heirs in the fifth entry.-Heirs of her mother come under this entry Her heirs are-

 

(a) Sons, daughters, including sons and daughters of a predeceased son and daughter, and husband.

(b) Heirs of husband.

(c) Father and mother.

(d) Heirs of father.

 (e) Heirs of mother.

 

Property inherited from her father or mother.-Property inherited from her father or mother shall devolve upon the heirs of the father provided the intestate died leaving no son or daughter or any children of any predeceased son or daughter [Section 15 (2) (a)]. This clause excludes the heirs, if any alive, in the first entry, second entry and the third entry. Therefore, it excludes the husband who is in the first entry, and his heirs in the second entry. It also excludes the father and mother. But mother may get the property not as mother of the intestate but as the widow of the father of intestate.

 

If property held by a female was inherited from her father or mother, in the absence of son or daughter of the deceased including the children of any predeceased son or daughter, it would only devolve upon the heirs of the father, son or daughter, who was the only legal heir of her/his father. [Bhagat Ram v. Teja Singh, AIR 2002 SC 1]

 

Property inherited from her husband or her father-in-law.-Such property shall devolve upon the heirs of the husband, who come in as heirs in the second entry. The effect of this provision is to exclude the father, or mother, or the heirs of the father or mother from inheriting such property.