Hindu Women can claim Absolute Ownership of Property Possessed Under Her Antecedent Maintenance Right

What is Maintenance?

Maintenance in terms of provisions laid down in law refers to financial assistance given to either of the litigating parties on an application made by them before a competent Court. The maintenance shall lie only through an order passed by the court having jurisdiction to do so. Maintenance provides provision for food, clothing, residence, education and medical attendance and treatment.  

Persons Eligible for Claiming Maintenance Under Hindu Laws:

1.    Husband
2.    Wife
3.    Widowed daughter-in-law
4.    Children (legitimate sons, illegitimate sons, unmarried legitimate and illegitimate daughter, married daughter unable to maintain herself)
5.    Parents
6.    Any other dependent person

What are Antecedent Maintenance Rights?

The antecedent rights may be 'in rem' or 'in personam'. The antecedent rights 'in rem' are rights which irrespective of any wrong having been committed, are available for the benefit of the person of inherence.

In terms of provisions laid down under Hindu law, maintenance is an obligation that a husband, father, or other male family members owe to a woman, the law has been laid down to ensure the sustenance of a woman, especially after a broken marriage or in instances of abandonment or neglect.

The concern of antecedent maintenance arises when a woman is entitled to maintenance from her father or paternal relatives apart from her husband. Maintenance can also include a claim for property, depending on the circumstances.

Prior to the enactment of Hindu Succession Act, 1956, rights of women were limited in terms of inheritance of property, emphasis was placed on the maintenance to be provided by the male member of the family. However, after enactment of the Act Hindu women were granted more rights specifically regarding inheritance of an immovable property. The said aspect was dealt with by the Hon’ble Supreme Court of India in one of its cases recently.

The Hon’ble Supreme Court had to decide whether property acquired as maintenance provided by paternal relatives of a woman could be considered absolute property in the hands of such woman.

The key issue involved in the above-mentioned case was whether a woman who possessed property under maintenance rights could claim it as absolute property. Previously maintenance rights did not automatically convert into ownership of property but were for sustenance of a woman. The case dealt by the Hon’ble Apex Court, however, raised critical questions about maintenance rights and property ownership of a woman.

Observations:

The Hon’ble Supreme Court observed that under Hindu law, a woman's right to maintenance is not statutorily created but originates in terms of provisions laid down in Hindu law, The said rights were subsequently given statutory recognition through various legislations.

The Court held that property given in lieu of maintenance would transform into absolute ownership. The Court further held that maintenance must be proper, appropriate and adequate to maintain the woman's previous lifestyle, and found no evidence suggesting the maintenance provided was insufficient.

How to claim Antecedent Rights and claim absolute ownership of a property which falls under the ambit of Antecedent Right of a woman:

In case any objection is raised at the time of disposal of a property obtained by virtue of antecedent right, a woman can, her legal heirs or beneficiaries of the said property in case a WILL has been executed by a woman possessing such property can move to the competent Court seeking declaration of the absolute title being held by the said woman along with supporting documentary proof being WILL/Court Order and other relevant documents as may be required by the Court.

Benefits of Antecedent Rights for Hindu women:

1.    Strengthening Women’s Rights to Property:

The position of woman rights who possesses property through maintenance has been clarified and it has been held that the said woman shall not merely hold a life interest in property acquired through maintenance but shall have full and absolute ownership. Such property can thus be freely transferred, sold, or disposed of according to her wishes being the absolute owner of such property.

2.    Antecedent Maintenance and Property Rights:

It has been further laid down that the maintenance rights granted to a woman, particularly under the Hindu Law, are not limited to sustenance or support but can include property rights as well, especially ancestral or self-acquired properties. Thereby extending the scope of maintenance beyond financial support to a Hindu woman.

3.    Empowerment of Hindu Women:

The case also contributed to empowerment of Hindu women by asserting and establishing their right to absolute ownership of a property contrary to the traditional law being followed by the society wherein the absolute right of the property only devolved upon the male member of the family.

4.    Reinforcing the Hindu Succession Act, 1956:

The provisions under the Hindu Succession Act, 1956 have been reinforced, wherein equal rights have been granted to women in terms of inheritance and ownership of property.

Conclusion:

In view of the above a Hindu woman’s right to absolute ownership of property under antecedent maintenance rights have been recognised. It has been established that property acquired by a woman by way of maintenance can be absolutely owned by the woman contrary to traditional laws wherein the absolute right of the property devolved upon male members of the family. It is a settled law that if a female Hindu acquires property under a written instrument or a decree of the Court and where such acquisition is not traceable to any antecedent right then sub-section (2) of Section 14 of the Hindu Succession Act alone would be attracted and where an antecedent right is traceable, a document in the nature of WILL is of no consequence and then such case shall be covered by provisions contained in Section 14 of the Hindu Succession Act.