"When Woman Marries, Her Gotra Also Changes": Top Court In Inheritance Case

The Supreme Court on Wednesday addressed a petition challenging a provision in the Hindu Succession Act (HSA) that directs a childless Hindu widow's property to her husband's family rather than her parents after her death. During the hearing, Justice BV Nagarathna observed that under Hindu Law, when a woman marries, her "gotra" (clan identity) changes.

Justice Nagarathna, the only woman judge currently serving in the Supreme Court, highlighted the ancient Hindu concept of "Kanyadaan," explaining that through marriage, a woman's "gotra" - which signifies her ancestral lineage - undergoes a transformation. She emphasized the court's reluctance to disrupt practices that have endured for thousands of years.

The legal question before the court centers on inheritance rights for a childless Hindu widow's property when she dies intestate (without a will). Current law directs such property to the in-laws' family instead of her maternal relatives.

One case presented involved a young couple who died from COVID-19, resulting in a legal dispute between both mothers-in-law over inheritance rights. The husband's mother claimed entitlement to all property, while the wife's mother sought her daughter's accumulated wealth and assets.

In another instance, after a childless couple's death, the husband's sister has made claims on their estate.

While the petitioner's lawyer argued this was a matter of Public Interest requiring Supreme Court intervention, the bench comprising Justices BV Nagarathna and R Mahadevan posed challenging questions in response.

Justice Nagarathna referenced the cultural concepts of "Kanyadan" and "Gotra-Dan," noting that after marriage, responsibility for a woman transfers to her husband and his family. She observed that "a married woman will not file a maintenance petition against her brother."

"Marriage rituals, especially in South India, declare that she is moving from one Gotra to another," stated Justice Nagarathna, who is positioned to become India's first woman Chief Justice. She added that women retain options to bequest property as they wish or remarry.

The challenged section stipulates that if a Hindu widow dies intestate without children, grandchildren or husband, her property passes to her husband's heirs. Section 15(1)(b) of the HSA places in-laws first in the succession line when there are no direct descendants and the widow has not remarried.

After referring one inheritance dispute to mediation, the Supreme Court scheduled the hearing on the section's legality for November.