Woman dies without will, property goes to in-laws':‘Do not belittle the structure of Hindu society, as a woman’s gotra changes after marriage, says SC
Digital Desk
The Supreme Court was hearing a petition challenging Section 15(1)(b) of the Hindu Succession Act, 1956. If a widow and childless Hindu woman dies without a will, her property goes to her in-laws.
On Wednesday, Supreme Court said that in Hindu society there is a tradition of Kanyadaan, under which when a woman gets married, her gotra (clan or lineage) also changes. In such cases, the property of a widow and childless Hindu woman who dies without a will shall go to her husband's family, not to her maternal family.
Supreme Court's only woman judge Justice B.V. Nagaratna said during the hearing of the petition - Hindu society has a structure and you cannot break it down. We do not want our decision to break something that has been going on for thousands of years.The Supreme Court was hearing a petition challenging Section 15(1)(b) of the Hindu Succession Act, 1956. Under this Act, if a widow and childless Hindu woman dies without a will, her property goes to her in-laws.
Justice Nagaratna told the petitioner - Do not demean the structure of our Hindu society that has existed from before. This court is warning you. Women's rights are important, but there should be a balance between social structure and giving rights to women.