Supreme Court Urges Hindu Women to Execute Wills: Key Legal Issues, Statutory Framework, and Judicial Reasoning
Introduction: A Significant Advisory from the Supreme Court The Supreme Court of India has issued an important advisory urging all Hindu women to execute wills for their self-acquired and other properties to prevent family disputes and unintended devolution of assets. This observation came while the Court refused to strike down Section 15(1)(b) of the Hindu Succession Act, 1956, which prioritises the heirs of a deceased woman's husband over her own parents when she dies intestate and without surviving spouse or children. The bench of Justices BV Nagarathna and R Mahadevan emphasized that increasing litigation and emotional distress arising from succession disputes make it necessary for women to secure their property rights through testamentary planning. Background: The Controversy Around Section 15 of the Hindu Succession Act Section 15(1)(b) of the Hindu Succession Act, 1956 provides the order of succession for property owned by a Hindu woman dying intestate. The statutory s...