New Delhi: Court examines inheritance rule for childless widows
The Supreme Court on Wednesday examined a provision under the Hindu Succession Act (HSA), 1956, that directs the property of a childless Hindu widow to her husband’s heirs rather than her natal family if she dies without a will. The matter came up during petitions challenging Section 15(1)(b) of the Act.
Justice BV Nagarathna, the only woman judge on the bench and in line to become India’s first woman Chief Justice, highlighted the cultural basis of the law. Referring to traditional Hindu marriage rituals, including kanyadaan and gotra change, she remarked that under Hindu customs, a married woman’s responsibility shifts to her husband and his family.
Justice Nagarathna on cultural traditions
Explaining the historical framework of the law, Justice Nagarathna said, “Before you argue, please remember. This is Hindu Succession Act. What’s the meaning of Hindu, how is Hindu society regulated? In southern marriages, there is even a ritualistic announcement that she is moving from one gotra to another. You cannot wish away all of this.”
She added that after marriage, a woman does not seek maintenance from her parents or siblings. “She will not file a maintenance petition against her brother. It is against her husband, his estate, his family. If a woman does not have children, she can always make a will,” she observed.
Petitioners’ arguments
Senior advocate Kapil Sibal, appearing for one of the petitioners, argued that the section is discriminatory. “If a man dies intestate, his estate devolves on his family. Why should a woman’s estate, after her children, devolve only on her husband’s family?” he questioned.
Senior advocate Menaka Guruswamy, representing another petitioner, clarified that the challenge is directed at the statutory provision, not religious practices.
Court cautious on overturning customs
The bench, however, signalled caution, stating that long-standing traditions should not be overturned hastily. “Hard facts should not give rise to bad law. We don’t want something which has existed for thousands of years to be broken by our judgment,” the court noted.
The judges pointed out that succession laws differ across regions and communities in India, and changes should ideally come through legislative processes rather than judicial rulings.
Mediation and ongoing review
The court has referred one of the inheritance disputes to the Supreme Court Mediation Centre, asking parties to explore settlement while it continues reviewing constitutional questions linked to the law.
The matter has drawn public attention, particularly following recent inheritance disputes where families of both the husband and wife staked claims to property left behind by childless couples.
The broader hearing on the validity of Section 15(1)(b) of the Hindu Succession Act has been scheduled for November.