Hindu Women Without Husband Or Children Should Make Will To Avoid Litigation On Estate: Supreme Court

Referring to the Hindu Succession Act, 1956, the Apex Court said Parliament at that time may have assumed that women would not have self-acquired property, but the progress of women in these decades cannot be underestimated.

"Education, employment and entrepreneurship of women in this country including Hindu women has led to their acquiring self-acquired property.

If such self-acquired properties are to be succeeded only by the heirs of the husband if a female Hindu dies intestate in the absence of having sons, daughters and husband, possibly it may cause heartburn so far as the maternal family is concerned. We do not make any observation in this regard also," the Apex Court said.

A bench of Justice B V Nagarathna and Justice R Mahadevan suggested while disposing of a PIL filed by a woman advocate challenging Section 15(1)(b) of the Hindu Succession Act, 1956.

According to Section 15(1)(b) of the Act, when a Hindu woman dies intestate, her property devolves to her husband's heirs first before her own parents.

The plea filed by Advocate Snidha Mehra argued that the provision was arbitrary and violative of Articles 14, 15 and 21 of the Constitution and needs to be struck down.

She argued that if a female Hindu dies intestate, in the absence of sons, daughters and husband, her properties would devolve only on the heirs of the husband.

"We appeal to all women and particularly all Hindu women irrespective of their age who are likely to be in position of Section 15(1) of the Hindu Succession Act, 1956 to take immediate steps to make a testament or will bequeathing their properties including their self-acquired properties in accordance with section 30 of the Hindu Succession Act read with the provisions of the Indian Succession Act.

"We say so in order to safeguard the interest of not only women in this country in general but female Hindus in particular so as to avoid any further litigation in this regard," the bench said.

Additional Solicitor General K M Nataraj, appearing for the Centre, opposed the PIL saying these are questions which have to be raised by affected parties and cannot be assailed by the petitioner.

Nataraj said the provision dates back to 1956 and Parliament would not have contemplated the situation that a female Hindu would have self-acquired property.

The Apex Court also directed that if a Hindu woman dies without a will and her parents or their heirs claim her property, the parties must first go through pre-litigation mediation before filing any case in court.

Any settlement reached in mediation must be treated as a decree of the court, the bench said.

"If the parents or heirs of the parents of a female Hindu dying intestate as stated in section 15(1)(c), (d) and (e) make a claim to the estate of a Hindu female dying intestate and section 15(2) does not apply, then in such a case we direct the parties to go in for mediation in the first instance. We direct that there should be a pre-litigation mediation prior to filing of any suit or proceeding in a court of law," the bench said.

The Apex Court had earlier observed that it would move cautiously while examining challenges to provisions of the Hindu Succession Act, 1956, and that it would be wary of shattering the Hindu social structure and its basic tenets that have been in existence for thousands of years.

It had said that while women's rights were important, there had to be "a balance between social structure and giving rights to women".

With PTI Inputs