Property Law · Kolhapur Advocate
Can a Female Hindu Claim Ownership Without Ever Possessing the Property Under Section 14(1) of the Hindu Succession Act?
Possession is essential. To claim full ownership under Section 14(1) of the Hindu Succession Act, a Hindu female must be in actual possession of the property. Maintenance rights alone are not sufficient — Supreme Court of India.
Facts of the Case
The dispute concerns rights in unpartitioned Joint Hindu Family property under Section 14(1) of the Hindu Succession Act, 1956.
Supreme Court Verdict
The Supreme Court reversed the Rajasthan High Court — ruling that possession is a non-negotiable prerequisite under Section 14(1).