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Supreme Court Posts Plea Challenging Validity Of Section 15 Hindu Succession Act Before 3-Judge Bench
Mehal Jain
31 Jan 2022 5:40 PM IST
The Supreme Court on Monday posted before a three-judge bench the plea challenging the constitutional validity of Section 15 of the Hindu Succession Act, 1956 on the ground that there is discrimination in the devolution in case of a woman dying intestate, in comparison with the rules for devolution where a male has died intestate.The bench of Justices D. Y. Chandrachud and Surya Kant was...
The Supreme Court on Monday posted before a three-judge bench the plea challenging the constitutional validity of Section 15 of the Hindu Succession Act, 1956 on the ground that there is discrimination in the devolution in case of a woman dying intestate, in comparison with the rules for devolution where a male has died intestate.
The bench of Justices D. Y. Chandrachud and Surya Kant was hearing the 2018 writ petition under Article 32 of the Constitution instituted in order to challenge the constitutional validity of Section 15 of the Hindu Succession Act, 1956 on the ground that there is a discrimination in the devolution of the estate of a woman who dies intestate, in comparison with the rules for devolution where a male has died intestate. In the case of a male Hindu dying intestate, the provisions of Section 8 of the Hindu Succession Act, 1956 apply. "The contention of the petitioner is that where a female Hindu dies intestate, the property would devolve first upon the sons and daughters and the husband and then on the heirs of the husband and it is only thereafter that the mother and the father are recognized. Section 16 specifies that among the heirs referred to under subÂ-Section (1) of Section 15, those in one entry are to be preferred to those in any succeeding entry. On the other hand, in the case of a male Hindu dying intestate, Section 8 stipulates that the estate will first devolve upon the relatives specified in Class I of the Schedule", the Court had previously recorded.
When the matter was taken up on Monday, Justice Chandrachud considered listing it on a Non-Miscellaneous Day so that it may be heard at length.
Justice Surya Kant also said, "Yes, let us have it on an NMD. Also, let us take it in a 3-judge bench."
Justice Chandrachud agreed, "Yes, that would be better. Let us have it in a 3-judge bench. And let us list it on an NMD next week, to dispose it off."
The bench then passed an order to this effect.
The bench also recorded that the concerned advocates shall be at liberty to file their written submissions before the next date of hearing. Advocate Mrunal Dattatraya Buva appeared for the petitioner.
While issuing notice on the petition in February, 2019, the Court had noted that the Writ Petition initially came up with a Special Leave Petition, which was filed by the petitioner against an order of the Bombay High Court rejecting her caveat on the ground that she did not have a caveatable interest in the property of her deceasedÂ-daughter, during the life time of the spouse of the deceased. "During the course of the hearing, the parties attempted to explore the possibility of a settlement. The dispute has been settled with the intervention of learned senior counsel. Hence, the Special Leave Petition has been disposed of by an order passed today", the Court had observed on that occasion.
However, asserting that "the Writ Petition which has been instituted before this Court under Article 32 raises an important question of gender equality", the Court was inclined to issue notice in February, 2019.
"A copy of the Writ Petition be served on the office of the Learned Attorney General for India. We have requested Ms. Meenakshi Arora, learned senior counsel to continue to assist this Court", the Court had then stated.
Relevant provisions of the Hindu Succession Act, 1956
Section 15 of the 1956 Act provides the general rules of succession in the case of female Hindus. Its sub-section (1) lays down that the property of a female Hindu dying intestate shall devolve according to the rules set out in Section 16-
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
Section 16 deals with the Order of succession and manner of distribution among heirs of a female Hindu and stipulates that Among the heirs specified in sub-section (1) of section 15, those in one entry shall be preferred to those in any succeeding entry and those including in the same entry shall take simultaneously.
On the other hand, section 8 (General rules of succession in the case of males) provides that the property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter-
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule; [Heirs in Class I are- Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre- deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son]
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;
[Heirs in Class II are- I. Father.
II. (1) Son's daughter's son, (2) son's daughter's daughter, (3) brother, (4) sister.
III. (1) Daughter's son's son, (2) daughter's son's daughter, (3) daughter's daughter's son, (4) daughter's daughter's daughter.
IV. (1) Brother's son, (2) sister's son, (3) brother's daughter, (4) sister's daughter.
V. Father's father; father's mother.
VI. Father's widow; brother's widow.
VII. Father's brother; father's sister.
VIII. Mother's father; mother's mother.
IX. Mother's brother; mother's sister.
Explanation.—In this Schedule, references to a brother or sister do not include references to a brother or sister by uterine blood]
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and
(d) lastly, if there is no agnate, then upon the cognates of the deceased.
Case Title: Kamal Anant Khopkar v. Union Of India & Ors.
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