New Delhi: Pointing to the fact that a woman’s “gotra” changes after her marriage, the Supreme Court, on Wednesday, indicated that it does not wish to break a tradition that has been in existence for thousands of years by its decision on a provision of the Hindu Succession Act (HAS).
The Court was hearing a petition challenging the provision of the HAS which states that the property of a childless Hindu widow passes to her husband’s family instead of her parents after her death.
Justice B V Nagarathna, the sole woman judge in the Supreme Court at the moment, 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.
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 the two mothers are fighting a legal battle to inherit what was left behind. While the husband’s mother claims that she has the right to the entire property of the couple, the wife’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 that this is a matter of public interest that requires intervention.
The bench, comprising Justice Nagarathna and Justice R Mahadevan put some tough questions to the lawyer. It reminded the counsel about the concept of “Kanyadan” and “Gotra-Dan”, with Justice Nagarathana noting that when a woman gets married, her husband and his family are responsible for her.
A married woman doesn’t file a maintenance petition against her brother, Justice Nagarathna reminded.
“Marriage rituals, especially in south India, declare that she is moving from one Gotra to another,” Justice Nagarathana, in line to become the first woman Chief Justice of India, said.
She went on to say that a woman can even bequest if she wishes to, she can go ahead and marry again.
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.
