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    Fam - Aditya

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    Aditya Juneja
    The Supreme Court will decide if Section 15 of the Hindu Succession Act, which governs inheritance by female Hindus, discriminates against women in violation of the Constitution. Section 15 establishes a different inheritance scheme for property inherited by female Hindus compared to the scheme for male Hindus under Section 8. Petitioners argue Section 15 is discriminatory for prioritizing the intestate woman's husband and his heirs over her parents.

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    Fam - Aditya

    Uploaded by

    Aditya Juneja
    32 views8 pages
    The Supreme Court will decide if Section 15 of the Hindu Succession Act, which governs inheritance by female Hindus, discriminates against women in violation of the Constitution. Section 15 establishes a different inheritance scheme for property inherited by female Hindus compared to the scheme for male Hindus under Section 8. Petitioners argue Section 15 is discriminatory for prioritizing the intestate woman's husband and his heirs over her parents.

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    The Supreme Court will decide if Section 15 of the Hindu Succession Act, which governs inheritance by female Hindus, discriminates against women in violation of the Constitution. Section 15 establishes a different inheritance scheme for property inherited by female Hindus compared to the scheme for male Hindus under Section 8. Petitioners argue Section 15 is discriminatory for prioritizing the intestate woman's husband and his heirs over her parents.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    32 views8 pages

    Fam - Aditya

    Uploaded by

    Aditya Juneja
    The Supreme Court will decide if Section 15 of the Hindu Succession Act, which governs inheritance by female Hindus, discriminates against women in violation of the Constitution. Section 15 establishes a different inheritance scheme for property inherited by female Hindus compared to the scheme for male Hindus under Section 8. Petitioners argue Section 15 is discriminatory for prioritizing the intestate woman's husband and his heirs over her parents.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 8

    Rights of husband

    over wife’s ancestral


    property
    Section 14
     Property of a female Hindu to be her absolute
    property.

    (1) Any property possessed by a female Hindu, whether acquired


    before or after the commencement of this Act, shall be held by her as
    full owner thereof and not as a limited owner.
    Tulasamma V. Sesha Reddy,
    1977
    2
    Section 15
    3
    ◈ General rules of ◈ (a) firstly, upon the sons
    succession in the case and daughters (including
    of female Hindus. the children of any pre-
    deceased son or daughter)
    and the husband;
    (1) The property of a
    female Hindu dying ◈ (b) secondly, upon the
    intestate shall devolve heirs of the husband;
    according to the rules set ◈ (c) thirdly, upon the
    out in section 16, mother and father;
    (2) Notwithstanding anything contained in sub-
    section (1),
    4 ◈ (a) any property inherited by a female Hindu from her father or mother shall
    devolve, in the absence of any son or daughter of the deceased (including the
    children of any pre-deceased son or daughter), not upon the other heirs referred to in
    sub-section (1) in the order specified therein, but upon the heirs of the father; and

    ◈ (b) any property inherited by a female Hindu from her husband or from her father-in-
    law shall devolve, in the absence of any son or daughter of the deceased (including
    the children of any pre-deceased son or daughter) not upon the other heirs referred to
    in sub-section (1) in the order specified therein, but upon the heirs of the husband.
    Order of succession and manner of distribution
    among heirs of a female Hindu (SECTION 16)
    5
    ◈ Rule 1.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 included in the same
    entry shall take simultaneously.
    ◈ Rule 2.If any son or daughter of the intestate had pre-deceased the intestate leaving
    his or her own children alive at the time of the intestates death, the children of such
    son or daughter shall take between them the share which such son or daughter would
    have taken if living at the intestates death.
    ◈ Rule 3.The devolution of the property of the intestate on the heirs referred to in
    clauses (b), (d) and (e) of sub-section (1) and in sub-section (2) of section 15 shall be
    in the same order and according to the same rules as would have applied if the
    property had been the fathers or the mothers or the husbands as the case may be, and
    such person had died intestate in respect thereof immediately after the intestates
    death.
    Kamal Anant Khopkar v Union of India,
    2022
    The Supreme Court will decide if s 15 of the Hindu Succession Act, 1956, discriminates against
    women.
    7 ◈ On January 31st 2022, the Supreme Court directed that a petition
    challenging Section 15 of the Hindu Succession Act, 1956 be listed before a
    three-Judge Bench.
    ◈ The petitioner argued that s 15 of the Hindu Succession Act discriminates
    against women, violating Article 15 of the Constitution of India, 1950.
    ◈ The case came to the Supreme Court via a Special Leave Petition filed in
    December 2018 against a Bombay High Court Order. A Writ Petition
    challenging the constitutionality of s 15 of the Hindu Succession Act was
    filed along with the Special Leave Petition at the Supreme Court.
    ◈ However, the Court decided to hear the Writ Petition as it involved issues
    relating to gender equality. 
    8 ◈ There is a difference between the schemes laid out in Sections 15 (Hindu
    woman) and 8 (Hindu man) of the Act. Under s 15, the intestate woman’s
    husband and his heirs are prioritised over the woman’s parents. For the
    intestate man, on the other hand, under s 8, the man’s parents are Class I and
    Class II heirs. Further, for an intestate man, there is no mention of the wife’s
    heirs inheriting their property under s 8 of the Act.

    ◈ Pointing to this difference, petitioners have challenged s 15 of the Act for


    being discriminatory and creating different inheritance schemes for intestate
    men and women.

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