Tej Bhan (D) Vs Ram Kishan (D) 2024 INSC 945 - S 14 Hindu Succesion Act - Referred To Larger Bench

Hindu Succession Act 1956 - Section 14 -Re: V. Tulasamma & Ors. v. Sesha Reddy: There are atleast 18 judgments from this Court comprising decisions from two and three Judge benches that are varying and sometimes inconsistent with the view taken in Tulsamma’s case- Almost four decades after the judgment in Tulsamma, we have two streams of thoughts. While the first applies principles in Tulsamma as an inviolable principle steadfastly holding that property possessed by a Hindu female before or after the commencement of the Act shall be held by her as a full owner. The other seems to be evolving from case to case, influenced by, i) the method and manner by which the Hindu female is possessed of the property, ii) the instrument through which the right is acquired, and iii) the time at which such possession takes place, to mention a few- The issue is of utmost importance as it affects the rights of every Hindu female, her larger family and such claims and objections that may be pending consideration in almost all original and appellate courts across the length and breadth of the country. It is absolutely necessary that there must be clarity and certainty in the position of law that would govern proprietary interests of parties involving interpretation of Section 14- the Registry to place our order along with the appeal paper book before the Hon’ble Chief Justice of India for referring the matter to an appropriate larger bench.