Hindu widow entitled to absolute ownership of property out of which she is being maintained: SC

In a ruling made last Wednesday, the Supreme Court said that Hindu widow is entitled to have the absolute ownership of the property out of which she is being maintained. The apex court upheld Rajasthan High Court’s decision in lieu of a Hindu widow's right to maintenance and by virtue of Section 14(1) of the Hindu Succession Act, 1956, legal news outlet Bar and Bench reported.

The observation came from a two-judge bench comprising Justice Ajay Rastogi and Justice Bela Trivedi. The SC-bench held that the above-mentioned section of the Hindu Succession Act, 1956 envisions a building a structure to favour women in order to encourage socio-economic order.

“It is by virtue of Section 14(1) of the Act of 1956, that the Hindu widow’s limited interest gets automatically enlarged into an absolute right, when such property is possessed by her whether acquired before or after the commencement of 1956 Act in lieu of her right to maintenance,” the SC-bench was quoted in the report.

Ownership rights for Hindu widows

The ruling upholding Rajasthan HC order was made by the SC during a hearing of a case between two members of a family who are already dead, with their legal representatives taking the issue forward.

The appellant claimed to be the rightful sole owner of the property in question as the only surviving male member of the family. The respondent in the case was a widow who had held the possession of the property exclusively since 1953. The appellant had accused the respondent of residing in the said property without any interest in the property or legal right.  

The respondent’s argument was that her maintenance was enabled by income coming from the property. Her side submitted that she had become the full owner of the property from her limited right by virtue of Section 14(1) of the Act, it was reported.

Neither was there any documentary evidence of the property being given to the respondent in the will, nor did the will claimed to be in favour of the plaintiff make any mention of the said property. The case was initially ruled in favour of the appellant but the decision of the trial court had been overturned by the Rajasthan HC observing that the widow was deriving her maintenance from the property.

The core issue in front of the court was whether right to maintenance and limited ownership of the property transpired into complete ownership of the property.

“The claim of a Hindu widow to be maintained is not an empty formality which is to be exercised as a matter of concession or indulgence, grace or gratis or generosity but is a valuable spiritual and moral right which flows from the spiritual and temporal relationship of the husband and wife,” the SC bench added.

“Her pre-existing right to maintenance, coupled with her settled legal possession of the property, would be sufficient to create a presumption that she had a vestige of right or claim in the property, though no document was executed or specific charge was created in her favour recognizing her right to maintenance in the property,” it reported said.

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