Supreme Court Seeks Centre's Response To Plea Challenging Section 15 Of Hindu Succession Act As Discriminatory Against Women

On January 31, 2022 the Top Court had referred the 2018 writ petition to a three judge bench. Senior Advocate Meenakshi Arora has been appointed as an amicus curiae in the case.

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 sub­-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.

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 deceased­-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.

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 as :

(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 predeceased son; daughter of a predeceased son; son of a predeceased daughter; daughter of a predeceased daughter; widow of a predeceased son; son of a predeceased son of a pre- deceased son; daughter of a predeceased son of a predeceased son; widow of a predeceased son of a predeceased 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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