Section 15 Hindu Succession Act 1956 Discriminates Against Women - Indian Judiciary

Kamal Anant Khopkar v. Union Of India & Ors.
Recently a petition has been filed in the Supreme Court, challenging the constitutional validity of section 15 of Hindu Succession Act on the ground of gender discrimination.
Main argument is that- there is discrimination in the devolution in case of a woman dying intestate, in comparison with the rules for devolution where a male has died intestate.

Facts: In the present case the husband of the deceased woman is alive at the time of her death, he takes all her property without leaving any share for her own mother or father, Using the provisions of Section 15 HAS. This is because they come in the next order in comparison to the hierarchy. Mother filed this petition.

Section15: General rules of succession in the case of female Hindus

1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a)firstly, upon the sons and daughters and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e)lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section
(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 not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father;
(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 not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.

Section 16: Order of succession and manner of distribution among heirs of a female Hindu.
The order of succession among the heirs referred to in Section 15 shall be, and the distribution of the intestates property among those heirs shall take place according to the following rules, namely:—
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.
Section 8 HSA

General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and
(d) lastly, if there is no agnate, then upon the cognates of the deceased.
Class I heirs-
Son;
daughter;
widow;
mother;
son of a predeceased son;
daughter of a predeceased son;
son of a predeceased daughter; daughter of a predeceased daughter; widow of a predeceased son; son of a predeceased son of a predeceased son; daughter of a predeceased son of a predeceased son; widow of a predeceased son of a predeceased son.
CLASS II
I. Father.
II. (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister.
III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s son, (4) daughter’s daughter’s daughter.
IV. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.
V. Father’s father; father’s mother.
VI.. Father’s widow; brother’s widow.
VII. Father’s brother; father’s sister.
VIII. Mother’s father; mother’s mother.
IX. Mother’s brother; mother’s sister.

As per existing laws, mainly there are three issues that are raised in this petition.

If a woman dies intestate leaving behind her self acquired property, Why do her husband and his heirs have a preferential right over her property?
The property she inherited from her biological parents, here also her mother is excluded as Sec 15 mandates that it shall devolve to upon the heirs of the father ?
If a woman had inherited the property from her husband or father-in-law and dies intestate without leaving behind any children, the asset would this time devolve to the husband’s heirs?

To be continued…

The Supreme Court on 5th April 2022 took notice and granted the Central government four weeks to file its counter affidavit in a plea challenging the validity of Section 15 of the Hindu Succession Act, 1956.
Now the Supreme Court will decide the fate of this disputed provision in the upcoming days.