"Make A Will, Irrespective Of Age": Supreme Court's Advice To Hindu Women

The Supreme Court has appealed to married Hindu women to leave a will behind if they want their property to go to their family members or relatives on their side of the family after their death. Under the current law of succession for Hindus, the assets of a childless widow pass on to the husband's family after her death.

A bench of Justice BV Nagarathna and Justice R Mahadevan was hearing a petition by a woman advocate challenging some provisions of a succession law.

"The petitioner has no personal claim on any property. She has filed it in public interest in order to examine the constitutional validity of Section 15(1)(b) of HSA (Hindu Succession Act). We do not wish to deal with this issue at the instance of the petitioner. We reserve liberty to persons affected by this provision to challenge the constitutionality of the same in appropriate proceedings," it said, refusing to issue any directions regarding the provisions in question.

"If the parents of a deceased woman make a claim to her property, it will be mandatory that the matter goes through mediation before initiating court proceedings," the bench said. "We appeal to all women, especially Hindu women, irrespective of their age, who may leave behind property, to make a will or a testament in order to avoid future litigation," the bench added.

Additional Solicitor General K M Nataraj, who appeared for the Centre, opposed the petition and said these questions have to be raised by the affected parties.

The Hindu Succession Act lays down that the first claim on the property of a Hindu woman is of her husband and her sons or daughters. Next in line are the husband's heirs, and then her parents. Lower in the line of preference are the heirs of her father and her mother. The provisions often lead to disputes between her husband's family members and her parents, especially in cases of untimely deaths.

The Supreme Court had earlier observed that it would tread cautiously while examining challenges to provisions of the Hindu Succession Act. The court had said that while women's rights were important, there had to be "a balance between social structure and giving rights to women".