News India Live, Digital Desk:How much rights women get in the husband or her ancestral property are becoming a very sensitive and important question. Hindu Succession Law (1956) gives women the right to property (especially section 14), but a big question is before the Supreme Court: If the husband has given some conditions or restrictions while giving property to his wife in will (as if she cannot sell or use it for life), then whether the wife has that property Full ownership Get?
Supreme court will decide a big bench
To resolve this confusion, a bench of the Supreme Court (Justice PM Narasimha and Sandeep Mehta) 9 December 2024* (Note: This date is probably wrong, the matter is before) This case is a matter Big bench Has decided to hand over. The court admitted that this is not just a legal screw, but it will affect the lives of millions of Hindu women. This decision will decide whether women can use or sell such property on their own free will.
What is the whole matter?
This question is related to an old case. In the year 1965, a person named Kanwar Bhan gave his wife to a land Rights for a lifetime just Was given The will in the will was that after the death of the wife, the land would get back to her heirs (heirs). But, a few years later, the wife claimed that she is the entire owner of the land, SelledKanwar Bhan’s son and grandson filed a case in court against this sale.
Why is confusion? (Different court decisions)
The decisions of the lower courts and the High Court have been different in this case, because different things have been said in the last two major decisions of the Supreme Court:
-
Tulasamma vs Sashai Reddy Case: In this, the Supreme Court has given Hindu succession law Section 14 (1) Citing it, it was said that Hindu women get the property Full right It happens, even if they were given with limited rights. The lower court gave a verdict in favor of the wife on this basis.
-
Personnel vs Amaru Case (1972): In this decision, the Supreme Court had admitted that if a will in any instrument like a will Ban or condition is imposedSo that Will be valid ,It is connected to section 14 (2)). The Punjab and Haryana High Court made this decision the basis.
Due to these two different interpretations, a big bench will now give a final and clear decision on it.
What does the general rule say now?
According to the current Hindu Succession Act (1956), usually:
-
Wife’s husband’s Ancestral property (The husband who has got from the forefathers, does not have a direct authority.
-
Husband’s Property earned by self But also the wife’s right does not survive the husband, he is on the husband’s will.
-
After husband’s death:
-
If husband’s Deathless death If it is done, then the wife and mother (if living) in her property (ancestral part and their own earnings) Equal share Get
-
If husband Has written And if the wife’s name is written, then the property is found according to the will. The question arises here that if there are conditions in the will, will the wife get full rights or with conditions? This will now be decided by a big bench of the Supreme Court.
-
The post, how much right to wife’s property is on husband’s property? Supreme Court’s big bench will decide, know the whole matter is first appeared on News India Live | Breaking India News, The Indian Headline, India Express News, Fast India News.
