The Supreme Court on Wednesday – while hearing a petition challenging the provision under the Hindu Succession Act (HSA) which states that after the death of a childless Hindu widow, her property passes to her husband’s family instead of her parents – remarked that when a woman marries under the Hindu Law, her “gotra” also changes.
Justice BV Nagarathna, who is the sole woman judge in the Supreme Court, said that Hindu society has the concept of “Kanyadaan”, under which when a woman marries, her “gotra”, which refers to a clan or a descendant from a common ancestor, also changes.
She went on to add that the court does not wish that something which has existed for thousands of years gets broken by its decision.
The primary question of law that came up in the top court through several petitions is who inherits a childless Hindu widow’s property who dies without a will.
Under the current law, the property is passed on to in-laws and not her maternal family.
The court was informed about a case where a young couple died due to COVID-19. Following which, mothers of the man and woman are fighting a legal battle to inherit what was left behind.
On one hand, the mother of the man claims that she has the right to the entire property of the couple, while the woman’s mother wants to inherit her daughter’s accumulated wealth and property.
In another such case, after a couple died without a child, the sister of the man has been claiming property left behind by them.
The lawyer told the top court today that this is a matter of Public Interest and needs intervention of the top court.
However, the bench comprising Justices BV Nagarathna and R Mahadevan had some tough questions for the counsel today.
While reminding the lawyer about the concept of “Kanyadan” and “Gotra-Dan”, Justice Nagarathana said that when a woman gets married, her husband and his family are responsible for her.
She went on to say that a married woman will not file a maintenance petition against her brother.
“Marriage rituals, especially in South India, declare that she is moving from one Gotra to another,” said Justice Nagarathana, in line to become the first woman Chief Justice of India.
She went on to say that a woman can even bequest if she wishes to, she can go ahead and marry again.
The particular Section under challenge states that property of a Hindu widow dying intestate shall go to the heirs of her husband, in case she had no sons and daughters (including the children of any predeceased son or daughter) and the husband.
Section 15 (1)(b) of HSA puts in-laws first in line of succession if there is no child or grandchild to inherit the property left behind by the Hindu widow who did not re-marry.
While referring one such inheritance dispute matter to mediation, the Supreme Court posted the hearing on legality of the section for November.
