The judgment highlights the interplay between Sections 14(1) and 14(2) of the Hindu Succession Act, 1956, focusing on the property rights of a Hindu female, particularly regarding whether her limited estate in property, acquired under a will, could be enlarged into absolute ownership. The Court reviewed conflicting precedents and referred the matter to a larger bench to resolve inconsistencies in judicial interpretation.

1. Facts:

   • Kanwar Bhan executed a will (1965), granting his wife, Lachhmi Bai, a life estate over certain properties, explicitly restricting her rights to alienate them.
   • After his death (1965), Lachhmi Bai sold the property to the appellant in 1981.
   • The respondents (Kanwar Bhan's son and grandsons) filed a suit challenging the sale, asserting that Lachhmi Bai’s limited rights under the will could not be converted into absolute ownership under Section 14(1) of the Act.

2. Issue:

   • Whether the life estate granted to a Hindu female under a will can be enlarged into absolute ownership under Section 14(1) of the Hindu Succession Act, 1956.

3. Held:

   • The Court noted inconsistencies in precedent regarding the application of Sections 14(1) and 14(2). It referred the matter to a larger bench for resolution, emphasizing the need for clarity and uniformity in law.

1. Introduction: Confusion under Section 14 of the Act

• Para 1-4: The Court discusses interpretative challenges of Section 14 and divergent judgments, creating legal uncertainty.

2. Case Background

• Para 5-7: The testator granted limited rights to his wife, who later sold the property. Respondents contested the sale, citing the restrictions in the will.

3. Trial Court and First Appellate Court

• Para 8: Both courts ruled in favor of the appellant, applying the principles from V. Tulasamma v. Sesha Reddy (1977).

4. High Court Decision

• Para 9: The High Court reversed the lower courts, relying on Sadhu Singh v. Gurdwara Sahib Narike (2006), which leaned towards restricting rights under Section 14(2).

5. Review of Precedents

• Para 10-24: Detailed analysis of conflicting judgments, including:
  • Tulasamma (1977): Advocated for enlargement of rights under Section 14(1).
  • Karmi v. Amru (1972): Opposed such enlargement if the property was acquired under a will with restrictions.
  • Other cases like Gumpha v. Jaibai (1994), Sadhu Singh (2006), and Thota Sesharathamma (1991).

6. Referral to Larger Bench

• Para 24-25: Observing significant inconsistencies, the Court directs the case for consideration by a larger bench.

Acts and Sections Discussed:

1. Hindu Succession Act, 1956:

   • Section 14(1): Enlarges a Hindu female’s property rights to absolute ownership for properties possessed before or after the Act’s commencement.
   • Section 14(2): Restricts enlargement for properties acquired under instruments prescribing limited estates.

2. Hindu Adoptions and Maintenance Act, 1956:

   • Section 18: Rights of a wife for maintenance.
   • Section 21: Defines a widow as a dependent.
   • Section 22: Obligation of heirs to maintain dependents.

Ratio Decidendi:

1. Section 14(1) applies only if a Hindu female has a pre-existing right to the property, even if such a right is limited.
2. Section 14(2) applies to newly acquired rights under instruments, wills, or decrees that explicitly limit ownership.
3. A restricted estate granted under a will cannot generally be enlarged under Section 14(1), as clarified by Karmi v. Amru and subsequent cases.

Subjects:

Hindu Succession, Women’s Property Rights, Judicial Interpretation

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