VidhiSangh

Supreme Court of India · 09/12/2024

TEJ BHAN (D) THROUGH LR. & ORS. versus RAM KISHAN (D) THROUGH LRS. & ORS.

[2024] 12 S.C.R. 500 · 2024 INSC 945

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Summary

A two-Judge Bench, finding at least two divergent lines of Supreme Court authority on the interplay between sub-sections (1) and (2) of Section 14 of the Hindu Succession Act, 1956, one following V. Tulasamma and the other flowing from Karmi v. Amru through Bhura, Gumpha and Sadhu Singh, did not decide the appeal and directed that it be placed before the Chief Justice of India for constitution of a larger Bench to reconcile and restate the law.

Issues

  1. Whether a life estate with a bar on alienation, bequeathed by a Hindu husband to his wife by will, enlarges into full ownership under Section 14(1) or remains restricted under Section 14(2) of the Hindu Succession Act, 1956.
  2. Whether the inconsistent decisions of two- and three-Judge Benches on Section 14(1) and (2) require reference to a larger Bench.

Provisions considered

Held

Result

Appeal not decided; Registry directed to place the order and appeal paper book before the Chief Justice of India for constitution of an appropriate larger Bench to reconcile the precedents and restate the law on Section 14(1) and (2) of the Hindu Succession Act, 1956.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 500.