Interpreting Section 14 of the Hindu Succession Act, 1956, 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-sections (1) and (2) of Section 14, leading to judicial divergence, which might as well be described as chaotic.
Thankfully, in TEJ BHAN (D) THROUGH LR. & ORS. VERSUS RAM KISHAN (D) THROUGH LRS. & ORS. CIVIL APPEAL NO. 6557 OF 2022, the issue has been referred to a Full Bench for finality.
“We direct the Registry to place our order along with the appeal paper book before the Hon’ble Chief Justice of India for constituting an appropriate larger bench for reconciling the principles laid down in various judgments of this Court and for restating the law on the interplay between sub-section (1) and (2) of Section 14 of the Hindu Succession Act.”