An interesting case arose in the Supreme Court regarding the provisions of the Hindu Succession Act. On September 24th, the Supreme Court made significant comments regarding Hindu marriage and women’s property rights. Justice B.V. Nagarathna said, “Remember how Hindu society is governed. We don’t want our decision to disrupt something that has existed for thousands of years.”
Property rights: The Supreme Court on Wednesday made a significant observation regarding property disputes, urging all women in the country, especially Hindu women, to make a will for their property so that there is no unnecessary dispute between their parents and in-laws after their death. The bench said that in many cases, after a woman’s death, a dispute arises between her parents and her husband’s family over her property, so making a will is in the best interest of women.
Supreme Court Appeals to Hindu Women
During the hearing, a bench comprising Justices B.V. Nagarathna and R. Mahadevan stated, “We appeal to all women, and especially Hindu women who may be subject to Section 15(1) to immediately prepare a will so that their self-acquired property is divided in accordance with their wishes and there is no future dispute.” The bench also declined to pass judgment on the petition challenging Section 15(1)(b) of the Hindu Succession Act, leaving its validity open to debate.
According to Section 15(1)(b), if a Hindu woman dies intestate and is without a husband, son, or daughter, her property passes to her husband’s heirs. Parents only have rights if the husband has no heirs. The court directed that if a Hindu woman’s parents or their heirs claim her property after her death, and Section 15(2) does not apply, mandatory pre-litigation mediation must first be conducted. Only then can a case be filed in court. The settlement reached in mediation will be deemed a court decree.
Whose property is it, maternal or in-laws’?
The Court acknowledged that women today own a significant amount of self-acquired property due to education, employment, and entrepreneurship, and marginalizing their parents in such cases could lead to disputes. The bench stated that it did not comment on this matter, but that this situation could cause distress to parents. The Court declined to entertain the petition solely on the grounds that it was a public interest litigation and left all questions open for decision in an appropriate case that could be filed by the aggrieved or affected parties.
Kasumir Sodhi, the lawyer representing the deceased Hindu woman’s mother, also presented arguments, arguing that the woman died without any children or husband. He argued that the case should not be closed on merits based on Mr. Govardhan’s petition, as it was being decided solely on the basis of the right to be heard.
What did the court say on property rights?
Regarding their arguments, the court clarified that it was not passing any judgment on the merits of the arguments raised by the petitioner, as this would be considered in an appropriate case. The court clarified that it had not passed any judgment on the constitutionality or unconstitutionality of Section 15 of the Hindu Succession Act.
It should be noted that an interesting case arose in the Supreme Court regarding the provisions of the Hindu Succession Act. On September 24th, the Supreme Court made significant comments regarding Hindu marriage and women’s property rights. Justice B.V. Nagarathna said, “Remember how Hindu society is governed. We do not want our decision to disrupt something that has existed for thousands of years.” The court said, “Remember the word ‘Kanyadaan’. Marriage is also a gift of the clan. When a woman gets married, her clan changes and her surname is changed.”
Property dispute between her parents’ and in-laws’ families referred to mediation.
When a woman gets married, her husband and his family are responsible for her. A married woman will not file a maintenance petition against her brother. Marriage rituals, particularly in South India, include a declaration that she is moving from one clan to another. The Supreme Court objected to challenges to the legality of a provision of the Hindu Succession Act and referred property disputes between the maternal and in-laws for arbitration. Several petitions in the Supreme Court have challenged the provision that a childless Hindu widow’s property passes to her husband’s family if she dies intestate. The Supreme Court has challenged the provisions of the Hindu Succession Act, which state that after the death of a childless Hindu woman, her property passes to her husband’s family. Only if the husband has no children will the property pass to her parents.
Justice B.V. Nagarathna and Justice R. Mahadevan heard a public interest litigation challenging Section 15(1)(b) of the Hindu Succession Act, 1956, which deals with the settlement of family property. The court said that even if her husband, son, or daughter are not alive, her daughter may have children. They would all be primary legal heirs.
What happens if a woman dies without a will?
The petitioner’s lawyer argued that everything goes to her husband’s family. If this court considers Section 15(1)B of the Act arbitrary, arguing that it affects her dignity, the question arises: what will happen to her dignity if she is constantly dependent on her husband’s property? According to this section of the law, what happens if such a woman dies without a will? If there are no heirs in the first category, then those in the second category will inherit the property.
The lawyer stated that this is a public interest litigation, as many such cases can be found. In one such case, the husband’s sister is claiming the property of her childless brother and sister-in-law after their death. The court noted that she had the option of marrying and moving elsewhere.
Another petition concerns a property dispute between the mothers of a young working couple who died without a will during COVID-19. The mother of the deceased boy claims that she has the right over the entire property of the deceased couple, whereas the mother of the deceased girl wants to get her daughter’s accumulated wealth and property.
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