Hindu woman’s gotra changes after marriage, says Supreme Court in inheritance case

The bench referred individual disputes to the Supreme Court Mediation Centre, instructing parties to attempt settlement while keeping constitutional questions in review.

The Supreme Court, on Wednesday, examined the provision under the Hindu Succession Act (HSA) that directs the property of a childless Hindu widow to her husband’s heirs rather than her natal family when she dies without a will.

The remarks came during the hearing of petitions challenging Section 15(1)(b) of the HSA, 1956.

Justice BV Nagarathna, the sole woman judge on the bench and in line to become India’s first woman Chief Justice, underscored the cultural framework underlying the law.

Referring to the practice of kanyadaan and traditional Hindu marriage rituals, she noted, “Before you argue, please remember. This is Hindu Succession Act. What's the meaning of Hindu, how is Hindu society regulated, what's the meaning? Though you may not like to use all those words...but 'kanyadan', when a woman is married, her gotra is changed, her name is changed. She can seek maintenance from her husband...”

Justice Nagarathna also highlighted ritual practices in southern India, stating, “In southern marriages, there is even a ritualistic announcement that she is moving from one gotra to another. You cannot wish away all of this.”

She added that after marriage, a woman’s responsibility lies with her husband and his family, saying, “She will not seek maintenance from her parents or siblings. If a woman is married, who is responsible under the act? Husband, in-laws, children, husband's family. She will not file a maintenance petition against her brother! It's against husband, his estate... If a woman does not have children, she can always make a will.”

Senior advocate Kapil Sibal, representing a petitioner, however, argued that the section is arbitrary and discriminatory. “If a man dies intestate, his estate devolves on his family. Why should a woman's estate, after her children, devolve only on her husband's family?” he asked.

The bench cautioned against altering long-standing customs solely through judicial intervention, observing, “Hard facts should not give rise to bad law. We don't want something which has existed for thousands of years to be broken by our judgment.”

Senior advocate Maneka Guruswamy, for another petitioner, clarified that the challenge concerns the legal provision and not religious practice. The court noted that succession laws differ across states and communities and expressed reluctance to strike down the section immediately.

The bench referred individual disputes to the Supreme Court Mediation Centre, instructing parties to attempt settlement while keeping constitutional questions in review.

The case has gained attention due to recent instances of inheritance disputes. In one instance, a young couple died due to COVID-19, leading to a legal battle between the mothers of the deceased man and woman over inheritance. In another, a man’s sister staked a claim to property left behind by her childless brother and sister-in-law.

Justice Nagarathna reiterated that under Hindu law, responsibility for a woman after marriage rests with her husband and his family. “A married woman will not file a maintenance petition against her brother,” she said, adding, “A woman has the freedom to make a will during her lifetime or remarry, which would alter succession.”

The Supreme Court has referred one of the inheritance disputes to mediation and scheduled the broader hearing on the legality of Section 15(1)(b) of the Hindu Succession Act for November.