Section 15 of the Hindu Succession Act, Challenged: Punjab and Haryana High Court issued notice.
By- Shashank Mohan.
A notice was issued by the Punjab and Haryana High Court Seeking a reply from the Union of India regarding the validity of section 15 of the Hindu Succession Act 1956.
Facts of the case: A Husband and wife died without having kids and as a consequence, the mothers of the deceased couple claimed the property of the couple.
The process of devolution of property. according to Hindu Succession Act 1956 is different for men and women. Section 8 provides for the devolution of property. In case of a male husband dying without a will and section 15 talks about the devolution of property in case of a woman dying without a will.
Arguments raised by the petitioner: The petitioner argued that there is a differential treatment Of the murder of a male Hindu. Dying without a will as compared to the mother of a female Hindu dying intestate.
Explanation: In case of a male husband dying intestate, childless and without a surviving wife his property will be devolved among his distant relatives only. While, if a female wife dying intestate, childless and without surviving husband any property inherited by her will go to her husbands family members and not to her natal family members.
The petitioner submitted that section 15 perpetuates same gender discrimination which was done away with the Hindu Succession Act, 2005 amendment and upheld in the landmark judgement of Vineeta Sharma v. Rakesh Sharma (2020) 9 SCC 1.
It was argued that this discrimination was pointed out on three occassions. In case of Mamta Dinesh Vakil v. Bansi S. Wadhwa, Hindu Sucession Act Amendment Bill, 2015 and Law commission 207th Reoprt respectively.
Based on the above reasons, the petition submitted that Section 15 of the HSA is violative of article 14 and 15 of the Indian Constitution and therefore should be struck down.