The Supreme Court has advised Hindu women that they must make a will of their property. The court gave this advice while hearing the petitions in which there was a demand to give the property of the childless widow to her parents or siblings. The bench of Justices BV Nagarathna and R Mahadevan refused to consider the case. The judges said that if women make a clear will, then after their death there will be no dispute over property between the maternal and in-laws’ relatives.
What was the matter?
This dispute was related to Sections 15 and 16 of the Hindu Succession Act. According to these sections, if a woman dies childless and has not made any will, her property will go to her husband. If the husband is not alive then the property will be given to the husband’s heirs i.e. the husband’s family members. If the husband has no heir, then the woman’s parents or siblings will inherit the property.
Demand of petitioners
In all the petitions filed in the Supreme Court, the provisions of the law were challenged by raising personal disputes. It was said in these that in modern times, such a system is discrimination against women. His self-acquired property should go to his family only.
What did the court say?
While hearing the case on September 25, the bench of Justice BV Nagarathna and Justice R Mahadevan had linked the demand made in the petition to social order. Justice Nagarathna had said, ‘When a woman marries, she becomes part of her husband’s family. Her Gotra changes to the same as her husband’s. Even in law, when she has to ask for maintenance, she asks for it from her husband or his family. She doesn’t sue her parents or siblings.
‘Will not harm the social structure’
The court had said that if a woman wants to give property to her maternal family, then there is no restriction on making a will. But if she dies without a will, then the law gives priority to her husband’s family. The court had said, ‘We do not want to give any such decision which will harm the Hindu social system that has been going on for thousands of years. We are not against giving rights to women, but there should be a balance between the structure of the society and the rights.
Find a solution through mediation
In the order given on Wednesday, November 19, the Supreme Court has emphasized on mediation in such cases. The court has said that if a childless widow dies without a will, then efforts for mediation should be made before the trial. Before filing a suit, the woman’s parents or their heirs should try to reach a settlement through mediation with the other party claiming the property. If any conclusion is reached through mediation, it will be seen as a legal decree of the civil court.