(1.) Interpreting Sec. 14 of the Hindu Succession Act, 1956 [Hereinafter the 'Act'], in V. Tulasamma & Ors. v. Sesha Reddy (Dead) by LRs., (1977) 3 SCC 99", Justice Bhagwati observed that this is a classic instance of a statutory provision which, by reason of its inapt draftsmanship, has created endless confusion for litigants and has proved to be a paradise for lawyers. Raising concern about the legislative indifference and interpretative difficulties presented by sub-Sec. (1) and (2) of Sec. 14, leading to judicial divergence, which might as well be described as chaotic, robbing the law of that modicum of certainty which it must always possess, Justice Bhagwati observed;
(2.) With this trepidation, they proceeded to resolve the confusion surrounding the interplay between sub-Sec. (1) and (2) of Sec. 14 of the Act and to enunciate the principles that govern disposition of property in favour of Hindu female. The principles formulated in Tulsamma, as extracted in paragraph 4 of this judgment, substantially hold the field. However as of date, there are atleast 18 judgments from this Court comprising decisions from two and three Judge benches that are varying and sometimes inconsistent with the view taken in Tulsamma's case. While arriving at their respective decisions, these judgments sought to explain, distinguish, negotiate or ignore the principles in Tulsamma and in the process they have either contradicted Tulsamma or implicitly departed from its principles sub3 silentio. Almost four decades after the judgment in Tulsamma, we have two streams of thoughts. While the first applies principles in Tulsamma as an inviolable principle steadfastly holding that property possessed by a Hindu female before or after the commencement of the Act shall be held by her as a full owner. The other seems to be evolving from case to case, influenced by, i) the method and manner by which the Hindu female is possessed of the property, ii) the instrument through which the right is acquired, and iii) the time at which such possession takes place, to mention a few.
(3.) Having gone through the precedents in detail, our endeavour was to reconcile the judgments and restate the principles with clarity and certainty. However, in view of the fact that we are in a combination of a two-Judge bench, such an exercise will not be fruitful as our judgment would be subject to the decision of many three Judge benches which need to be reconciled. The issue is of utmost importance as it affects the rights of every Hindu female, her larger family and such claims and objections that may be pending consideration in almost all original and appellate courts across the length and breadth of the country. It is absolutely necessary that there must be clarity and certainty in the position of law that would govern proprietary interests of parties involving interpretation of Sec. 14.
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