Would Tread Cautiously On Challenges To Provisions Of Hindu Succession Act: Supreme Court
The apex court said it would refer the parties before it to its mediation centre to explore a settlement.
By Sumit Saxena
Published : September 25, 2025 at 9:55 AM IST
New Delhi: The Supreme Court has observed that while examining challenges to provisions of the Hindu Succession Act, 1956, it would tread the path carefully, and stressed that the Hindu social structure and its basic tenets have been in existence for thousands of years, and it would not want to adversely affect it.
The matter came up for hearing on Wednesday before a bench comprising Justices BV Nagarathna and R Mahadevan. The bench was hearing petitions challenging certain provisions of succession under the 1956 Act. The provisions prioritise a woman’s husband’s family over her parents and siblings in inheritance matters if she dies intestate (not having made a will before one dies).
During the hearing, the bench observed, “Do not demean the structure of the Hindu society that we already have. As a court, we are putting you to caution”.
The bench emphasised having a balance between social structure and giving rights to women, and stressed that the rights of women were also important.
“There is a Hindu social structure and you do not bring it down... We do not want our judgment to break something that has been there for thousands of years," the bench observed.
The bench said it would refer the parties before it to the Supreme Court’s mediation centre to explore settlement, against the backdrop of pending consideration of the broader issues.
Senior advocate Kapil Sibal, representing one of the petitioners, contended before the bench that the provisions, which were challenged, were exclusionary. He stressed that these provisions were also discriminatory against women, and argued that women could not be denied equal inheritance rights simply because of traditions.
Additional Solicitor General KM Nataraj, representing the Centre, defended the Act as “well-crafted”. Nataraj claimed that the petitioners were seeking to “destroy the social structure.”
The issue for consideration before the top court is Sections 15 and 16 of the Hindu Succession Act, which govern the devolution of property of a Hindu woman dying intestate.
According to Section 15 of the Act, when a Hindu woman dies intestate, her property devolves to her husband’s heirs first before her own parents. The bench has scheduled the matter for further hearing on November 11.
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