Supreme Court said that when a Hindu woman dies without a will and has no husband or children, her property goes to her husband’s heirs instead of her family, as her “gotra” changes when she marries under Hindu law.
These comments were made on Wednesday during a hearing on a plea challenging Section 15(1)(b) of the Hindu Succession Act, 1956. This section says that when a Hindu woman dies intestate, her property is passed to her husband’s heirs if she leaves no husband or children.
Married hindu women gotra change: Supreme Court remarks
During the proceedings, the bench, led by Justice BV Nagarathna, reminded the petitioners to consider the cultural context of the law. “Before you argue, please remember. This is the Hindu Succession Act. What does Hindu mean? How is Hindu society regulated? Though you may not like to use all those terms, when a woman gets married, she changes her gotra and her name. She can ask for support from her husband,” the bench noted.
Justice Nagarathna also mentioned traditional practices in southern India, saying, “In southern marriages, there is even a ritual announcement that she is moving from one gotra to another. You cannot ignore all of this.” The bench emphasised that once a woman is married, her legal responsibilities lie with her husband and his family.
Women legal responsibilities is towards her husband’s family only
“She will not ask her parents or siblings for support. If a woman is married, who is responsible under the act is her husband, in-laws, children, or husband’s family. She will not file a maintenance petition against her brother. It will be against her husband and his estate. If a woman does not have children, she can always make a will,” Justice Nagarathna added.
Senior advocate of Supreme Court, Kapil Sibal, representing a petitioner, described the section as arbitrary and unfair. “If a man dies intestate, his estate goes to his family. Why should a woman’s estate, after her children, go only to her husband’s family?” he argued.
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