The Supreme Court on Wednesday heard a petition challenging a key clause of the Hindu Succession Act (HSA). The provision states that when a childless Hindu widow dies without a will, her property goes to her husband’s family rather than her own parents.
Justice BV Nagarathna, the only woman judge on the bench, highlighted Hindu traditions while discussing the case. She noted that under Hindu law, marriage changes a woman’s “gotra,” or ancestral lineage. She explained that rituals like kanyadaan symbolise a woman’s move to her husband’s family. According to her, this age-old practice makes the husband’s family responsible for the woman after marriage.
The court heard examples of families fighting over property after couples died without children or wills. In one case, the mothers of both spouses are battling for inheritance. In another, a man’s sister claimed property after a couple died childlessw
The petitioners argue the law is outdated and unfair to a woman’s parents. Justice Nagarathna observed that a woman can still make a will or even remarry if she wishes. The court referred one dispute to mediation and will continue hearing the case on the legality of Section 15(1)(b) in November.
