SUPREME COURT: POSSESSION OF PROPERTY NECESSARY FOR WOMAN TO CLAIM RIGHTS UNDER SECTION 14 | HINDU SUCCESSION ACT

The Supreme Court in the case M Sivadasan (Dead) through LRs v. A.Soudamini (Dead) through LRs and others observed and has reiterated that for a Hindu female to claim rights as stated under Section 14 of the Hindu Succession Act 1956, thus, she has to be in possession of the property.

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It has been stated under section 14 that the property of a female Hindu will be her absolute property and any property possessed by the female Hindu, weather it is being acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner.

In the present case, the civil appeal was arising out of a suit filed in Kerala. Thus, the trial court, the appellate court and the High Court had concurrently ruled against the plaintiffs by holding that the woman from whom they seek to derive the rights of them was never in possession of the property and hence Section 14(1) was not applicable.