SC clarifies legalities pertaining to Hindu female claiming full ownership of property under Succession Act

The Supreme Court has clarified the conditions under which a female Hindu can claim absolute ownership of an undivided property of a Hindu Undivided Family (HUF) under Section 14(1) of the Hindu Succession Act (HSA). The bench comprising Justices BR Gavai and Sandeep Mehta emphasized that possession of the property by the Hindu female is essential to establish full ownership.

The Court's observation came in response to a case where the adopted son of a widow sought partition of the HUF property, claiming that his widowed mother had acquired it through inheritance. However, the widow was not in possession of the property, leading to the rejection of her suit for title and possession over the HUF property.

The Supreme Court reiterated that Section 14(1) of the HSA mandates two conditions for a female Hindu to claim full ownership of the undivided HUF property: possession of the property and acquisition of the property through specific means outlined in the Act.

Highlighting the statutory scheme and precedents, the Court stated, "It is clear that for establishing full ownership on the undivided joint family estate under Section 14(1) of the Succession Act, the Hindu female must not only be possessed of the property but she must have acquired the property through specified means."

The Court's decision underscores the importance of possession in determining ownership rights under the Hindu Succession Act, providing clarity on the criteria for claiming full ownership of HUF property by Hindu women