Supreme Court advises Hindu women on succession law: 'Make a will'

The assets of a childless widow pass on to the husband's family after her death.

The Supreme Court on Wednesday urged married Hindu women without sons, daughters or husbands to make a will to avoid potential litigation disputes between their parents and in-laws.

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.

"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 do 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," bench said.

Under the current law of succession for Hindus, the assets of a childless widow pass on to the husband's family after her death.

According to Livelaw, the court declined to decide a PIL challenging Section 15(1)(b) of the Hindu Succession Act, 1956 on merits, and left the question of validity open.

The petition was filed under Article 32 by a lawyer who sought the striking down of Section 15(1)(b) on the ground that it violates Articles 14 and 21.

According to the court,  when 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 court said.

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