Hindu society's norms shouldn't be challenged for property claims: SC

The Supreme Court on Wednesday asserted that the established norms of Hindu society should not be challenged solely for financial gain, as it observed that the Hindu Succession Act of 1956, which prioritises a woman's husband's family over her parents in inheritance matters if she dies intestate (without a will), is not an issue of gender inequality.

- Utkarsh Anand

The court said Parliament has crafted a "scientific and logical" framework for inheritance, and any changes should come from the legislative body, if deemed necessary.

"It's clearly not about gender justice. It's about parents asking for properties of their daughter who is no more. But tell us, what about the woman who leaves her parental home, goes to her matrimonial home where she has a right to be maintained under the Hindu Adoption and Maintenance Act. How can this be about gender justice? It cannot be. We are not talking about a woman's right but the rights of a deceased woman's parents or someone else over her propcontinued onerties," a bench of justices BV Nagarathna and Pankaj Mithal remarked.

The court was emphatic that a battle over properties cannot undermine the values of Hindu society. "You don't forget Hindu society. What happens after marriage? The woman gets a new gotra, new family and all rights and titles in her husband's properties. You are forgetting the basics. Where are we going? Don't undermine the established tenets of Hindu society," it asserted.

The bench added: "Please, understand the foundation of Hindu society before you say I am entitled or someone else in entitled. When Parliament has said only a certain class of heirs are entitled, can you say I am also entitled? Let Parliament create a right." The court remarked that the line of inheritance seemed "carefully drafted" in the statute. "If the properties have come from her parents, they will get it. If the properties have come from her husband and in-laws, it will go to them. How can other relations claim? It's so scientific and logical," it stressed.