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shilpashetty (Shop Owner)     17 July 2015

Section 24 of hindu succession act

Ancestor property (Father’s father property both died) and Son got property due to fathers death. Than Son transferred the property to his wife (20 years back) by taking money from his wife mother. Son gave the property in mutation copy it was mentioned that due to only son transferred property to daughter. Now property is in name of wife and also wife has taken loan in bank 10 years back still she is paying interest. Son’s sister now filled case for partition.

As per the above section 14, wife will be absolute owner right? Son’s sister cannot claim property on that. Kindly let us know.

Section 14 details -

section 14 of the Act provides that the property of a female Hindu is to be her absolute property: 

(1)       Any property possessed by a female Hindu, whether acquired before or

after the commencement of this Act, shall be held by her as full owner thereof and not as

a limited owner.

Explanation:- In this sub-section "property" includes both movable and

immovable property acquired by a female Hindu by inheritance or devise, or at a

partition, or in lieu of maintenance or arrears of maintenance, or by gift from any

person, whether a relative or not, before, at or after her marriage, or by her own

skill or exertion, or by purchase or by prescripttion, or in any other manner

whatsoever, and also any such property held by her as Stridhan immediately

before the commencement of this Act.



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 2 Replies

T. Kalaiselvan, Advocate (Advocate)     21 July 2015

Your understanding about the  sction 14of the Hindu succession act  is okay but what about the sister's due share in the property?

Sister is also entitled to an equal  share out of her parents'(father's) property,she cannot be denied merely for the reason that the son has transferred the same on his wife's name.

Partition suit has no limitation, it an be filed anytime. 

shilpashetty (Shop Owner)     22 July 2015

It is clear in section 14 explanation:- In this sub-section "property" ......or by gift from any person, whether a relative or not, before, at or after her marriage.....

In that case this section 24 itself should be removed... I think intention was to remove conflicts of alinated property.  Here not all property was not made in wife's name. One agriculture land and house is still NOT in her name...  Due to difficulty it was been sold. Instead of selling to some one her wife took it... If this cannot be a defence..

Kindly suggest in what way section 14 helps.


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