The Supreme Court heard a petition challenging the Hindu Succession Act, which directs a childless widow’s property to her husband’s family. Justice BV Nagarathna highlighted, “under Hindu law, a woman’s gotra changes when she marries.”
The Supreme Court addressed a petition contesting a provision of the Hindu Succession Act (HSA), which stipulates that the property of a childless Hindu widow passes to her husband’s family rather than her own parents upon her death.
Justice BV Nagarathna, the only woman on the bench, noted that “under Hindu law, a woman’s gotra changes when she marries.”
Justice Nagarathna emphasized the concept of “Kanyadaan,” explaining that when a woman enters marriage, her clan affiliation, or “gotra,” also shifts.
She expressed that the court is cautious about altering traditions that have been upheld for thousands of years.
The central legal question raised in the court pertains to who inherits the property of a childless Hindu widow who dies intestate. Currently, the law favors in-laws over the maternal family in such cases.
The court heard about a situation involving a young couple who died from COVID-19, leading to a dispute between their mothers over inheritance rights. The man’s mother asserts her claim to the couple’s entire estate, while the woman’s mother seeks her daughter’s assets.
Additionally, in another case, the man’s sister is claiming the property left by the couple, who had no children.
A lawyer representing the matter argued that it involves public interest and required the Supreme Court’s intervention.
However, Justices BV Nagarathna and R Mahadevan posed challenging questions to the counsel during the proceedings.
Justice Nagarathna reiterated the principles of “Kanyadaan” and “Gotra-Dan,” stating that a married woman is under her husband’s family’s care.
She remarked,
“A married woman will not file a maintenance petition against her brother.”
She further noted that marriage rituals, particularly in South India, signify her transition from one gotra to another.
Justice Nagarathna asserted that a woman has the right to bequeath her property and even remarry if she chooses. The specific section under scrutiny declares that if a Hindu widow dies intestate, her property will be inherited by her husband’s heirs, provided she has no children or grandchildren.
Section 15 (1)(b) of the HSA prioritizes in-laws in the line of succession if there are no children or grandchildren to inherit the property of a Hindu widow who has not remarried.
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