Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
Section 14 subSection (1) had no application in this case. The essential ingredient of Section 14 sub Section(1) is possession over the property.
Admittedly the plaintiff was never in possession of the property. The possession was always that of the defendant and therefore Section 14 subSection (1) would not be applicable. In Ram Vishal (dead) by lrs. and Ors. v.Jagan Nath & Another. reported in (2004) 9 SCC 302 the position of possession being a prerequisite to sustain a claim under subsection (1) of Section 14 of the 1956 Act was confirmed in Para 16 which is quoted below:
‘16. In our view, the authority in Raghubar Singh case [(1998) 6 SCC 314] can be of no assistance to the respondent. As has been held by this Court, a preexisting right is a sine qua non for conferment of a full ownership under Section 14 of the Hindu Succession Act. The Hindu female must not only be possessed of the property but she must have acquired the property. Such acquisition must be either by way of inheritance or devise, or at a partition or “in lieu of maintenance or arrears of maintenance” or by gift or by her own skill or exertion, or by purchase or by prescription…’
[Emphasis Supplied]
5. As per the law as it existed at their relevant time the property which was an agricultural property would devolve upon the male child and daughters would get only a limited right to maintenance till, they were married and the widow would be entitled to maintenance from the income from the property till her death or remarriage. As per the family Settlement Deed dated 12.03.1938 which was relied upon by both the parties, the property in dispute was specifically allotted to Sami Vaidyar and his only son Sukumaran. Therefore, the widow of Sami Vaidyar i.e., Choyichi will not have any right over the property. The findings of all the courts below were that Choyichi was never in possession of the property and therefore she would not get the right, as claimed by her under Section 14(1) of the Hindu Succession Act, 1956.
2023INSC774
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.254 OF 2010
M. SIVADASAN (DEAD) THROUGH LRs. & ORS Vs A. SOUDAMINI (DEAD) THROUGH LRs. & ORS.
Dated: AUGUST 28, 2023
