{"id":356650,"date":"2025-08-14T12:00:48","date_gmt":"2025-08-14T06:30:48","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=356650"},"modified":"2025-08-14T12:39:11","modified_gmt":"2025-08-14T07:09:11","slug":"criticism-of-female-intestate-succession-under-the-hindu-succession-act-1956","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2025\/08\/14\/criticism-of-female-intestate-succession-under-the-hindu-succession-act-1956\/","title":{"rendered":"Criticism of Female Intestate Succession under the Hindu Succession Act, 1956"},"content":{"rendered":"
\n

Introduction<\/h2>\n

Intestate succession refers to the mode of succession by which property devolves upon one’s legal heirs in the absence of a legally valid will or testament. The Hindu Succession Act, 1956<\/a>1<\/sup><\/a> provides for different rules for the intestate succession of Hindu males and females and is the only personal law in the country to do so. While Section 82<\/sup><\/a> provides for Classes I and II heirs, followed by agnates and cognates, in case of intestate succession of a Hindu male, Section 153<\/sup><\/a> lays down the rules regarding female intestate succession, which makes no mention of Class I or Class II heirs. The relations that are considered as legal heirs and their order also vary. Additionally, while there is no distinction between married and unmarried males with regard to the devolution of their property, it exists between married and unmarried females.<\/p>\n

Further, the source of the property is a relevant consideration for female intestate succession but not for male intestate succession. This creates a disparity between the intestate succession of Hindu males and females, which not only goes against the moral and social ethos but also our constitutional principles and values. In numerous cases, it has been observed that the current scheme of female intestate succession disadvantages the deceased woman’s natal family while preferring her husband’s family over her own. It is pertinent to note that this is not the case for Hindu males, whose natal family is preferred over the wife’s family.<\/p>\n

The constitutionality of Section 15<\/a> of the Hindu Succession Act, 1956<\/a>, was challenged in Kamal Anant Khopkar<\/span> v. Union of India<\/span>4<\/sup><\/a>. Though this case was disposed of due to the fact of it being a civil dispute which had been resolved, other connected matters are still pending before the Supreme Court. In light of the above, the legislature must amend the Hindu Succession Act, 1956<\/a> to remedy the disparity that exists.<\/p>\n

This paper argues that the legislature has created an inequality vis-\u00e0-vis the intestate succession for Hindu males and females, which inadvertently causes disadvantages to Hindu females and their natal families. In doing so, I argue that Section 15<\/a> of the Hindu Succession Act, 1956<\/a> violates Articles 14<\/a>5<\/sup><\/a>, 15<\/a>6<\/sup><\/a> and 21<\/a>7<\/sup><\/a> of the Indian Constitution<\/a>. Firstly, an arbitrary classification between men and women has been created by the legislature. Secondly, discrimination on the grounds of gender exists and reinforces patriarchal lineage norms. Thirdly, the dignity of a woman is undermined when her marital family is preferred over her natal family. I put forth certain recommendations for the amendment to the Hindu Succession Act, 1956<\/a> which would ensure that no inconsistencies exist between the schemes for male and female intestate succession.<\/p>\n

Analysis of Section 15 vis-\u00e0-vis Section 8 of the Hindu Succession Act, 1956<\/h2>\n

Section 15<\/a> of the Hindu Succession Act, 1956<\/a> (hereinafter, \u201cHSA”) provides for the scheme of succession for a Hindu female dying intestate. As per this scheme, the order of succession varies as per the source of the property: firstly, property inherited from her father or mother; secondly, property inherited from her husband or father-in-law; and lastly, all other property. It is pertinent to note herein that no such classification of property on the basis of its source exists for the intestate succession of a Hindu male, as prescribed under Section 8 of the HSA.8<\/sup><\/a> This distinction indicates that women have a limited estate over the non-stridhan property and are not allowed to manage their own property. Also, the legislature here failed to consider that a woman could have received the property from the abovementioned relations not by way of inheritance but by way of will\/gift or by way of inheritance\/will\/gift from other family relations not explicitly mentioned in the provision.9<\/sup><\/a><\/p>\n

Section 15(2)(a<\/span>) provides that the property inherited by one’s parents shall first devolve to her husband and children (including the children of predeceased children) and in the absence of such heirs, not to the heirs of the husband or her mother and father [as specified in Section 15(1)] but to the heirs of the father. This shows both poor legislative drafting in not directing the devolution of property firstly to the father and mother of the intestate from whom the property was received and adherence to patriarchal norms by directing the devolution of property inherited from the mother also to the heirs of the father.<\/p>\n

Section 15(2)(b<\/span>) provides that the property inherited by one’s husband or father-in-law shall first devolve to her husband and children (including the children of predeceased children) and in the absence of such heirs, not to the other heirs as specified in Section 15(1) but to the heirs of the husband. This again brings to light the poor legislative drafting since the second entry in Section 15(1) refers to the heirs of the husband itself. The adherence to patriarchal norms is also highlighted once again when the legislature failed to include the mother-in-law in this provision, thus signifying their view as to women and their right to property.10<\/sup><\/a><\/p>\n

Section 15(1) provides for the general scheme of succession i.e. in cases of property other than the above two. The order of succession in this case is as follows \u2014 children (including children of predeceased children) and husband; husband’s heirs; mother and father; father’s heirs; and mother’s heirs. This order, when compared with the order given under Section 8 read with the Schedule, provides a stark contrast. For a Hindu male, his mother is a Class I heir, while his father is the first in preference among the Class II heirs. However, for a Hindu female, both her parents are preferred after her \u201chusband’s heirs\u201d. In the absence of more clarity, the word \u201cheirs\u201d here is construed to include both Classes I and II heirs, which suggests that in practicality, a woman’s parents stand little to no chance to inherit their daughter’s property due to the availability of the numerous heirs of her husband who are preferred over them.11<\/sup><\/a><\/p>\n

An illustration of this peculiar and absurd situation can be found in Omprakash<\/span> v. Radhacharan<\/span>12<\/sup><\/a>, which came up before the Supreme Court in 2008. Narayani Devi became a widow within three months of her marriage when her husband succumbed to a snake bite. Driven out of her matrimonial home, she began living with her parents and brothers, who supported her and provided her with education and employment prospects. Gradually, she was able to acquire substantial property, including bank accounts, land and so on. Her mother filed a claim to succession, which was challenged by the sons of the sister of Narayani’s late husband.<\/p>\n

The Court, while ruling in favour of the husband’s heirs, opined:<\/p>\n

11.<\/span> It is now a well-settled principle of law that sentiment or sympathy alone would not be a guiding factor in determining the rights of the parties which are otherwise clear and unambiguous.<\/span>13<\/sup><\/a><\/p>\n

Nevertheless, the Court could have invoked Article 14214<\/sup><\/a> to meet the ends of justice, equity and good conscience that Narayani’s natal family rightfully deserved.15<\/sup><\/a> As Mulla observed, the object of Section 15(2) is that property should not pass to an individual \u201cwhom justice would require it should not pass\u201d.16<\/sup><\/a> However, in this case17<\/sup><\/a>, the Court directed the property to be inherited by the people who wronged the deceased and meted out injustice to her.18<\/sup><\/a><\/p>\n

Furthermore, the wife’s heirs find no mention in the scheme of succession of the Hindu male, which further exacerbates the effect of the discriminatory provisions. It has also been observed that in case a woman dies childless, her property flows back to the last male owner or his heirs, as if the woman never existed.19<\/sup><\/a> Additionally, the factum of marriage alters the manner of devolution of property in the case of a woman but makes no difference for a man.20<\/sup><\/a><\/p>\n

A case for the unconstitutionality of Section 15<\/h2>\n

The current scheme for intestate succession of Hindu females as prescribed under Section 15 of the HSA is unconstitutional in light of Articles 14<\/a>, 15<\/a> and 21<\/a> of the Indian Constitution<\/a>. The legislature has created an arbitrary and irrational classification by providing for different schemes of succession, which results in discrimination on the basis of the sex of the deceased.21<\/sup><\/a> Preference to the distant relations of a woman’s husband over her biological parents raises significant concerns as to the dignity of both the deceased and her rightful heirs. Concerns as to dignity also arise when assessing the legislature’s intent behind the provision, which suggests the parochial and patriarchal mindset relating to women’s right to hold property. Additionally, tracing of the relations through her father, mother or husband and not through herself (as is the case with Hindu males) also pose questions on the dignity of the deceased woman.<\/p>\n

This issue arose in Sonubai Yeshwant Jadhav<\/span> v. Bala Govinda Yadav<\/span>22<\/sup><\/a> in 1983, wherein the Court categorically held that the provision is not unconstitutional. Though the Single Bench of the Bombay High Court accepted that the provision resulted in discrimination, it opined that the discrimination was justified, and the classification made was based on intelligible differentia and rationally related to the object of the legislation. Discrimination ensued not \u201conly\u201d on the basis of sex but also on the basis of \u201cfamily ties\u201d and was thus justified within the meaning of Article 15. The Court, opining a difference between a \u201cwife\u201d and a \u201cmere woman\u201d, based its reasoning on the fact that the inheritance of property to the husband’s heirs ensures unity and continuity of the family as an institution of which the wife is also a member after her marriage. However, this ruling implies that the Hindu family structure traces itself \u201conly\u201d through males, and a woman severs all ties to her natal family upon her marriage, which is a pronouncement of the patriarchal mindset.<\/p>\n

In Saroja Chandrasekhar<\/span> v. Union of India<\/span>23<\/sup><\/a>, though the Madras High Court passed no judgment as to the constitutionality of Section 15, it opined that the legislative framework is tilted in favour of the Hindu male and urged the Law Commission of India to reconsider the legislation and suggest the necessary amendments to bring gender equality. In doing so, the Division Bench also opined that the factum of a woman having her own wealth was overlooked, and an assumption as to the husband being the real owner of his wife’s property was implied in the HSA.<\/p>\n

While holding Section 15 to be unconstitutional, the Bombay High Court in Mamta Dinesh Vakil<\/span> v. Bansi S. Wadhwa<\/span>24<\/sup><\/a>, proclaimed that:<\/p>\n

73.<\/span> The codification of the old Hindu law has not kept pace with the constitutional mandate of gender equality\u2026.<\/p>\n

Striking down the reasoning of discrimination being also due to family ties on the fact that family property would also devolve to daughters, sisters and other married female relations as per the mandate of Section 8, the Court ruled that the discrimination meted out by Sections 8 and 15 was \u201conly\u201d on the basis of gender. The Single Bench opined to declare Sections 8(b<\/span>), (c<\/span>) and (d<\/span>) read with Class II of the Schedule, and Section 15(1) to be unconstitutional and ultra vires Article 15(1) of the Indian Constitution, but the final ruling as to the question of constitutionality was to be determined by the Division Bench. However, the matter has not been resolved as of this date.<\/p>\n

Another recent case, Kamal Anant Khopkar<\/span> case<\/span>25<\/sup><\/a>, is pending before the Supreme Court. In this case, the question of constitutionality arose pursuant to the mother of the female deceased being preferred after the husband of the deceased, though this is not the case for the Hindu male, whose mother succeeds along with his wife.<\/p>\n

An interesting line of inquiry that has been raised by scholars pertains to Section 15 violating Article 15 due to discrimination being based \u201conly\u201d on the ground of religion.26<\/sup><\/a> Since the HSA is the only law of succession in India that proposes differing schemes for intestate succession, the deceased woman is being discriminated against due to her identity as a \u201cHindu\u201d. Had she been a practising Christian, Parsi or Jew, the property would have devolved to her natal family under the provisions of the Succession Act, 1925<\/a>27<\/sup><\/a>. In accordance with the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012<\/a>28<\/sup><\/a>, a similar result would have followed had the woman been a Goan resident.<\/p>\n

Path to legislative reforms<\/h2>\n

The 174th Law Commission Report, 2000 noted that Section 15(2) attempts to guarantee the reversion of property through the male heir who is the source for the same.29<\/sup><\/a> On this, Poonam Saxena remarked, \u201cThis reversion of the once-inherited property back to her father’s or her husband’s heirs shows a desperateness on the part of the legislature to treat her only as a temporary occupier.\u201d30<\/sup><\/a> Further, examining the markedly different nature of the laws governing intestate succession for males and females, the Report highlighted the \u201cpatrilineal assumptions of dominant male ideology\u201d being reflected therein.<\/p>\n

The 207th Law Commission Report, 2008 explored various options to conclude that the required changes could be brought about by amending the HSA to the effect that the self-acquired property of a woman be succeeded to by both her parental and husband’s heirs equally and simultaneously.31<\/sup><\/a> However, this recommendation does not lead to the abolition of source-based succession, thus continuing the irrational difference between Hindu male and female intestate succession. Additionally, though the term \u201cself-acquired\u201d property has been used, no corresponding definition has been provided for the same. The right to inheritance was granted to the natal family as well, but only to a limited extent, unlike the self-acquired property of a male. Thus, the discriminatory nature of Section 15(1) remained untouched by the addition of this provision. Furthermore, the whole scheme of succession as per this recommendation would grow quite complex.<\/p>\n

Similarly, a bill to amend the HSA was introduced in 2013, which provided for the preference to parental heirs in case of self-acquired property without dealing with the other discriminatory provisions, particularly under Section 15(1).32<\/sup><\/a> The entire order of succession for self-acquired property in the absence of children and husband comprised of \u2014 parents; father’s heirs; mother’s heirs; and husband’s heirs. The bill also defined the term \u201cself-acquired\u201d property, but this definition did not extend to property received by way of wills and gifts, which ought to have been included. This recommendation discriminates between the heirs of the father and the mother of the deceased.<\/p>\n

Another Bill was introduced in 2015, as per which the order of succession was as follows \u2014 children (including children of predeceased children); parents and husband; husband’s and father’s heirs; and mother’s heirs. As for the property being received from the father, mother or husband, it would devolve upon their heirs respectively and on the husband’s heirs if received from the father-in-law. The property that is self-acquired during the time of desertion by the husband would be inherited by the heirs of the father and the mother. The Bill, however, did not attempt to define \u201cself-acquired property\u201d and \u201cdesertion\u201d. Discrimination between the father and the mother’s heirs was also apparent.<\/p>\n

Recently, the Hindu Succession (Amendment) Bill, 202333<\/sup><\/a> was introduced as well, the order of succession wherein was as follows \u2014 children (including children of predeceased children or non-remarried daughters-in-law) and husband; parents; mother’s heirs; father’s heirs; and husband’s heirs. However, all of these bills lapsed and could not be enforced. This recommendation also does not move away from source-based succession and rather creates a disparity between the mother’s and the father’s heirs.<\/p>\n

Considering the attempts to legislative reforms undertaken, I suggest that instead of amending the order of succession for Hindu females, a more rational and equitable approach would be to omit Sections 15 and 1634<\/sup><\/a>, and rather alter the language of Sections 8 and 1035<\/sup><\/a> read with the Schedule to be gender-neutral and apply in cases of both Hindu males and females. I put forth another recommendation to bring about gender equality i.e. to provide for the simultaneous succession of agnates and cognates, instead of preferring one class over the other. This would ensure that the discrimination and injustice vis-\u00e0-vis Articles 14, 15 and 21 are uprooted from their very core, and a truly gender equal environment is ensured.<\/p>\n

Conclusion<\/h2>\n

The analysis of Section 15 of the HSA reveals the patriarchal mindset behind its formulation, which violates the Hindu woman’s fundamental rights enshrined in the Indian Constitution. Though the judgment in Mamta Dinesh Vakil case<\/span>36<\/sup><\/a> was a welcome move, however, its persuasive value was insufficient to bring real change. In light of this, the constitutional challenge in Kamal Anant Khopkar case<\/span>37<\/sup><\/a> holds the potential to be a landmark decision as a favourable ruling would carry binding value and pave the way for doctrinal clarity. However, it is pertinent to note that judicial interventions can only go so far. The primary responsibility for bringing about the recommended changes lies with the legislature, which must prioritise amending Section 15 in a manner reflective of the principle of gender equality. Such a reform would not only eliminate the gender bias but also recognise the independent identity and autonomy of the Hindu woman. Reform cannot be deferred anymore under the pretext of preserving the age-old customs prescribed under personal law. A progressive amendment to Section 15 will mark a significant step in aligning inheritance laws with the ideals of a modern, egalitarian constitutional democracy \u2014 one where women are not mere extensions of their male relatives, but autonomous individuals entitled to equal treatment under the law.<\/p>\n<\/div>\n

\n

*Student, BA LLB (Hons.), Rajiv Gandhi National University of Law (RGNUL), Punjab. Author can be reached at: gunjanjain23109@rgnul.ac.in<\/a>.<\/span><\/strong><\/p>\n

1.<\/a> Hindu Succession Act, 1956<\/a>.<\/p>\n

2.<\/a> Hindu Succession Act, 1956, S. 8<\/a>.<\/p>\n

3.<\/a> Hindu Succession Act, 1956, S. 15<\/a>.<\/p>\n

4.<\/a> 2024 SCC OnLine SC 5591<\/a>.<\/p>\n

5.<\/a> Constitution of India, Art. 14<\/a>.<\/p>\n

6.<\/a> Constitution of India, Art. 15<\/a>.<\/p>\n

7.<\/a> Constitution of India, Art. 21<\/a>.<\/p>\n

8.<\/a> Ujjaini Biswas, \u201cUnconstitutionality of Section 15 of the Hindu Succession Act, 1956 \u2014 Discrimination in the Order of Inheritance\u201d, Constitutional Law Society NLUO (clsnluo.com, 22-11-2023).<\/p>\n

9.<\/a> Ujjaini Biswas, \u201cUnconstitutionality of Section 15 of the Hindu Succession Act, 1956 \u2014 Discrimination in the Order of Inheritance\u201d, Constitutional Law Society NLUO (clsnluo.com, 22-11-2023).<\/p>\n

10.<\/a> Aniruddha Kambhampati, \u201cCultural Imperialism: An Underpinning in the Hindu Succession Act\u201d, (2020) 4 NLUA Law Review (pure.jgu.edu.in).<\/p>\n

11.<\/a> Ujjaini Biswas, \u201cUnconstitutionality of Section 15 of the Hindu Succession Act, 1956 \u2014 Discrimination in the Order of Inheritance\u201d, Constitutional Law Society NLUO (clsnluo.com, 22-11-2023).<\/p>\n

12.<\/a> (2009) 15 SCC 66<\/a>.<\/p>\n

13.<\/a> (2009) 15 SCC 66<\/a>, 69.<\/p>\n

14.<\/a> Constitution of India, Art. 142<\/a>.<\/p>\n

15.<\/a> Aniruddha Kambhampati, \u201cCultural Imperialism: An Underpinning in the Hindu Succession Act\u201d, (2020) 4 NLUA Law Review (pure.jgu.edu.in).<\/p>\n

16.<\/a> Dinshaw Fardunji Mulla, Principles of Hindu Law<\/span> (21st Edn., LexisNexis Butterworths, 2013).<\/p>\n

17.<\/a> Omprakash case<\/span>, (2009) 15 SCC 66.<\/a><\/p>\n

18.<\/a> Vishesh Gupta and Prerna Mayea, \u201cThe Saga of Continuous Discrimination: Female Intestate Succession under Hindu Succession Act\u201d, NLUO Legal Aid Society (nluolsc.com, 16-8-2021).<\/p>\n

19.<\/a> Devendra Damle and others, \u201cGender Discrimination in Devolution of Property under Hindu Succession Act, 1956\u201d, (2020) 27 National Institute of Public Finance and Policy (nipfp.org).<\/p>\n

20.<\/a> Devendra Damle and others, \u201cGender Discrimination in Devolution of Property under Hindu Succession Act, 1956\u201d, (2020) 27 National Institute of Public Finance and Policy (nipfp.org).<\/p>\n

21.<\/a> Writ Petition Summary (S 15 HSA): Petitioner Argues Against Differential Inheritance Schemes for Men and Women, Supreme Court Observer (scobserver.in, 5-4-2022).<\/p>\n

22.<\/a> 1983 SCC OnLine Bom 4<\/a>.<\/p>\n

23.<\/a> 2015 SCC OnLine Mad 14414<\/a>.<\/p>\n

24.<\/a> 2012 SCC OnLine Bom 1685<\/a>.<\/p>\n

25.<\/a> 2024 SCC OnLine SC 5591<\/a>.<\/p>\n

26.<\/a> Devendra Damle and others, \u201cGender Discrimination in Devolution of Property under Hindu Succession Act, 1956\u201d, (2020) 27 National Institute of Public Finance and Policy (nipfp.org).<\/p>\n

27.<\/a> Succession Act, 1925<\/a>.<\/p>\n

28.<\/a> Goa Succession, Special Notaries and Inventory Proceeding Act, 2012<\/a>.<\/p>\n

29.<\/a> Law Commission of India, Property Rights of Women: Proposed Reforms under the Hindu Law, Report No. 174 (2000).<\/a><\/p>\n

30.<\/a> Poonam Saxena, \u201cSuccession Laws and Gender Justice\u201d in Redefining Family Law in India<\/span> (Amita Dhanda and Archana Parashar eds., Routledge, 2008).<\/p>\n

31.<\/a> Law Commission of India, Proposal to Amend Section 15 of the Hindu Succession Act, 1956 in Case a Female Dies Intestate Leaving Her Self Acquired Property with No Heirs, Report No. 207 (2008).<\/a><\/p>\n

32.<\/a> Divi Dutta, \u201cThought Leadership Paper: Shortcomings and Evolution of Hindu Succession Act, 1956\u201d, Mondaq (mondaq.com, 2023).<\/p>\n

33.<\/a> Hindu Succession (Amendment) Bill, 2023<\/a>.<\/p>\n

34.<\/a> Hindu Succession Act, 1956, S. 16<\/a>.<\/p>\n

35.<\/a> Hindu Succession Act, 1956, S. 10<\/a>.<\/p>\n

36.<\/a> 2012 SCC OnLine Bom 1685<\/a>.<\/a><\/p>\n

37.<\/a> 2024 SCC OnLine SC 5591<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

by Gunjan Jain*<\/p>\n","protected":false},"author":67011,"featured_media":356664,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[42503,1191],"tags":[87211,50823],"class_list":["post-356650","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-legal-analysis","category-op-ed","tag-criticism-of-female","tag-hindu-succession-act-1956"],"yoast_head":"\nCriticism of Female Intestate Succession under the Hindu Succession Act, 1956 | SCC Times<\/title>\n<meta name=\"description\" content=\"Intestate succession refers to the mode of succession by which property devolves upon one's legal heirs in the absence of a legally\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.scconline.com\/blog\/post\/2025\/08\/14\/criticism-of-female-intestate-succession-under-the-hindu-succession-act-1956\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Criticism of Female Intestate Succession under the Hindu Succession Act, 1956\" \/>\n<meta property=\"og:description\" content=\"Intestate succession refers to the mode of succession by which property devolves upon one's legal heirs in the absence of a legally\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.scconline.com\/blog\/post\/2025\/08\/14\/criticism-of-female-intestate-succession-under-the-hindu-succession-act-1956\/\" \/>\n<meta property=\"og:site_name\" content=\"SCC Times\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/scc.online\/\" \/>\n<meta property=\"article:published_time\" content=\"2025-08-14T06:30:48+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2025-08-14T07:09:11+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/08\/Hindu-Succession-Act-1956.jpg\" \/>\n\t<meta property=\"og:image:width\" content=\"886\" \/>\n\t<meta property=\"og:image:height\" content=\"590\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"Editor\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:title\" content=\"Criticism of Female Intestate Succession under the Hindu Succession Act, 1956\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Editor\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"16 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"WebPage\",\"@id\":\"https:\/\/www.scconline.com\/blog\/post\/2025\/08\/14\/criticism-of-female-intestate-succession-under-the-hindu-succession-act-1956\/\",\"url\":\"https:\/\/www.scconline.com\/blog\/post\/2025\/08\/14\/criticism-of-female-intestate-succession-under-the-hindu-succession-act-1956\/\",\"name\":\"Criticism of Female Intestate Succession under the Hindu Succession Act, 1956 | SCC Times\",\"isPartOf\":{\"@id\":\"https:\/\/www.scconline.com\/blog\/#website\"},\"primaryImageOfPage\":{\"@id\":\"https:\/\/www.scconline.com\/blog\/post\/2025\/08\/14\/criticism-of-female-intestate-succession-under-the-hindu-succession-act-1956\/#primaryimage\"},\"image\":{\"@id\":\"https:\/\/www.scconline.com\/blog\/post\/2025\/08\/14\/criticism-of-female-intestate-succession-under-the-hindu-succession-act-1956\/#primaryimage\"},\"thumbnailUrl\":\"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/08\/Hindu-Succession-Act-1956.webp\",\"datePublished\":\"2025-08-14T06:30:48+00:00\",\"dateModified\":\"2025-08-14T07:09:11+00:00\",\"author\":{\"@id\":\"https:\/\/www.scconline.com\/blog\/#\/schema\/person\/84e42bab48238baf12c7e33b3d9761fe\"},\"description\":\"Intestate succession refers to the mode of succession by which property devolves upon one's legal heirs in the absence of a legally\",\"breadcrumb\":{\"@id\":\"https:\/\/www.scconline.com\/blog\/post\/2025\/08\/14\/criticism-of-female-intestate-succession-under-the-hindu-succession-act-1956\/#breadcrumb\"},\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\/\/www.scconline.com\/blog\/post\/2025\/08\/14\/criticism-of-female-intestate-succession-under-the-hindu-succession-act-1956\/\"]}]},{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\/\/www.scconline.com\/blog\/post\/2025\/08\/14\/criticism-of-female-intestate-succession-under-the-hindu-succession-act-1956\/#primaryimage\",\"url\":\"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/08\/Hindu-Succession-Act-1956.webp\",\"contentUrl\":\"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/08\/Hindu-Succession-Act-1956.webp\",\"width\":886,\"height\":590,\"caption\":\"Hindu Succession Act 1956\"},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\/\/www.scconline.com\/blog\/post\/2025\/08\/14\/criticism-of-female-intestate-succession-under-the-hindu-succession-act-1956\/#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\/\/www.scconline.com\/blog\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"Criticism of Female Intestate Succession under the Hindu Succession Act, 1956\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\/\/www.scconline.com\/blog\/#website\",\"url\":\"https:\/\/www.scconline.com\/blog\/\",\"name\":\"SCC Times\",\"description\":\"Bringing you the Best Analytical Legal News\",\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\/\/www.scconline.com\/blog\/?s={search_term_string}\"},\"query-input\":{\"@type\":\"PropertyValueSpecification\",\"valueRequired\":true,\"valueName\":\"search_term_string\"}}],\"inLanguage\":\"en-US\"},{\"@type\":\"Person\",\"@id\":\"https:\/\/www.scconline.com\/blog\/#\/schema\/person\/84e42bab48238baf12c7e33b3d9761fe\",\"name\":\"Editor\",\"image\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\/\/www.scconline.com\/blog\/#\/schema\/person\/image\/\",\"url\":\"https:\/\/secure.gravatar.com\/avatar\/34e366be721c41333586de05faa13743195f5b142dcd7a015c6fabd2389521d0?s=96&d=mm&r=g\",\"contentUrl\":\"https:\/\/secure.gravatar.com\/avatar\/34e366be721c41333586de05faa13743195f5b142dcd7a015c6fabd2389521d0?s=96&d=mm&r=g\",\"caption\":\"Editor\"},\"url\":\"https:\/\/www.scconline.com\/blog\/post\/author\/editor_4\/\"}]}<\/script>\n<!-- \/ Yoast SEO Premium plugin. -->","yoast_head_json":{"title":"Criticism of Female Intestate Succession under the Hindu Succession Act, 1956 | SCC Times","description":"Intestate succession refers to the mode of succession by which property devolves upon one's legal heirs in the absence of a legally","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/www.scconline.com\/blog\/post\/2025\/08\/14\/criticism-of-female-intestate-succession-under-the-hindu-succession-act-1956\/","og_locale":"en_US","og_type":"article","og_title":"Criticism of Female Intestate Succession under the Hindu Succession Act, 1956","og_description":"Intestate succession refers to the mode of succession by which property devolves upon one's legal heirs in the absence of a legally","og_url":"https:\/\/www.scconline.com\/blog\/post\/2025\/08\/14\/criticism-of-female-intestate-succession-under-the-hindu-succession-act-1956\/","og_site_name":"SCC Times","article_publisher":"https:\/\/www.facebook.com\/scc.online\/","article_published_time":"2025-08-14T06:30:48+00:00","article_modified_time":"2025-08-14T07:09:11+00:00","og_image":[{"width":886,"height":590,"url":"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/08\/Hindu-Succession-Act-1956.jpg","type":"image\/jpeg"}],"author":"Editor","twitter_card":"summary_large_image","twitter_title":"Criticism of Female Intestate Succession under the Hindu Succession Act, 1956","twitter_misc":{"Written by":"Editor","Est. reading time":"16 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"WebPage","@id":"https:\/\/www.scconline.com\/blog\/post\/2025\/08\/14\/criticism-of-female-intestate-succession-under-the-hindu-succession-act-1956\/","url":"https:\/\/www.scconline.com\/blog\/post\/2025\/08\/14\/criticism-of-female-intestate-succession-under-the-hindu-succession-act-1956\/","name":"Criticism of Female Intestate Succession under the Hindu Succession Act, 1956 | SCC Times","isPartOf":{"@id":"https:\/\/www.scconline.com\/blog\/#website"},"primaryImageOfPage":{"@id":"https:\/\/www.scconline.com\/blog\/post\/2025\/08\/14\/criticism-of-female-intestate-succession-under-the-hindu-succession-act-1956\/#primaryimage"},"image":{"@id":"https:\/\/www.scconline.com\/blog\/post\/2025\/08\/14\/criticism-of-female-intestate-succession-under-the-hindu-succession-act-1956\/#primaryimage"},"thumbnailUrl":"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/08\/Hindu-Succession-Act-1956.webp","datePublished":"2025-08-14T06:30:48+00:00","dateModified":"2025-08-14T07:09:11+00:00","author":{"@id":"https:\/\/www.scconline.com\/blog\/#\/schema\/person\/84e42bab48238baf12c7e33b3d9761fe"},"description":"Intestate succession refers to the mode of succession by which property devolves upon one's legal heirs in the absence of a legally","breadcrumb":{"@id":"https:\/\/www.scconline.com\/blog\/post\/2025\/08\/14\/criticism-of-female-intestate-succession-under-the-hindu-succession-act-1956\/#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/www.scconline.com\/blog\/post\/2025\/08\/14\/criticism-of-female-intestate-succession-under-the-hindu-succession-act-1956\/"]}]},{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/www.scconline.com\/blog\/post\/2025\/08\/14\/criticism-of-female-intestate-succession-under-the-hindu-succession-act-1956\/#primaryimage","url":"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/08\/Hindu-Succession-Act-1956.webp","contentUrl":"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/08\/Hindu-Succession-Act-1956.webp","width":886,"height":590,"caption":"Hindu Succession Act 1956"},{"@type":"BreadcrumbList","@id":"https:\/\/www.scconline.com\/blog\/post\/2025\/08\/14\/criticism-of-female-intestate-succession-under-the-hindu-succession-act-1956\/#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/www.scconline.com\/blog\/"},{"@type":"ListItem","position":2,"name":"Criticism of Female Intestate Succession under the Hindu Succession Act, 1956"}]},{"@type":"WebSite","@id":"https:\/\/www.scconline.com\/blog\/#website","url":"https:\/\/www.scconline.com\/blog\/","name":"SCC Times","description":"Bringing you the Best Analytical Legal News","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/www.scconline.com\/blog\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"en-US"},{"@type":"Person","@id":"https:\/\/www.scconline.com\/blog\/#\/schema\/person\/84e42bab48238baf12c7e33b3d9761fe","name":"Editor","image":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/www.scconline.com\/blog\/#\/schema\/person\/image\/","url":"https:\/\/secure.gravatar.com\/avatar\/34e366be721c41333586de05faa13743195f5b142dcd7a015c6fabd2389521d0?s=96&d=mm&r=g","contentUrl":"https:\/\/secure.gravatar.com\/avatar\/34e366be721c41333586de05faa13743195f5b142dcd7a015c6fabd2389521d0?s=96&d=mm&r=g","caption":"Editor"},"url":"https:\/\/www.scconline.com\/blog\/post\/author\/editor_4\/"}]}},"jetpack_featured_media_url":"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/08\/Hindu-Succession-Act-1956.webp","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":260506,"url":"https:\/\/www.scconline.com\/blog\/post\/2022\/01\/24\/explained-who-can-claim-share-in-the-inherited-property-of-a-female-hindu-dying-issueless-and-intestate\/","url_meta":{"origin":356650,"position":0},"title":"Explained| Who can claim share in the inherited property of a female Hindu dying issueless and intestate?\u00a0","author":"Prachi Bhardwaj","date":"January 24, 2022","format":false,"excerpt":"Supreme Court: The bench of SA Nazeer and Krishna Murari*, JJ has held that if a female Hindu dies intestate without leaving any issue, then the property inherited by her from her father or mother would go to the heirs of her father whereas the property inherited from her husband\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/01\/Who-can-claim-share-in-the-inherited-property-of-a-female-Hindu-dying-issueless-and-intestate.png?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/01\/Who-can-claim-share-in-the-inherited-property-of-a-female-Hindu-dying-issueless-and-intestate.png?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/01\/Who-can-claim-share-in-the-inherited-property-of-a-female-Hindu-dying-issueless-and-intestate.png?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/01\/Who-can-claim-share-in-the-inherited-property-of-a-female-Hindu-dying-issueless-and-intestate.png?resize=700%2C400&ssl=1 2x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/01\/Who-can-claim-share-in-the-inherited-property-of-a-female-Hindu-dying-issueless-and-intestate.png?resize=1050%2C600&ssl=1 3x"},"classes":[]},{"id":129331,"url":"https:\/\/www.scconline.com\/blog\/post\/2017\/05\/06\/succession-certificate-can-only-be-granted-to-legal-heirs-of-a-person-dying-intestate\/","url_meta":{"origin":356650,"position":1},"title":"Succession Certificate can only be granted to legal heirs of a person dying intestate","author":"Saba","date":"May 6, 2017","format":false,"excerpt":"Delhi High Court: A Bench comprising of Valmiki J. Mehta, J. dismissed the appeal filed by the appellant for revocation of the succession certificate granted to the legal heirs in a case filed by the sister of the deceased. The appellant was the real sister of the deceased and she\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":32881,"url":"https:\/\/www.scconline.com\/blog\/post\/2016\/01\/16\/succession-to-a-hindu-male-dying-intestate-will-vest-only-in-the-widow-excluding-the-daughters\/","url_meta":{"origin":356650,"position":2},"title":"Succession to a Hindu male dying intestate will vest only in the widow excluding the daughters","author":"Sucheta","date":"January 16, 2016","format":false,"excerpt":"Supreme Court: While construing the provisions of Hindu Law Women\u2019s Rights Act, 1933, the Court held that the succession to a Hindu male dying intestate will vest only in the widow under Section 4(1)(ii) to the exclusion of the daughters. \u00a0In the present case, two brother and the wife of\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2017\/09\/Supreme-Court_Colour.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2017\/09\/Supreme-Court_Colour.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2017\/09\/Supreme-Court_Colour.jpg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2017\/09\/Supreme-Court_Colour.jpg?resize=700%2C400&ssl=1 2x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2017\/09\/Supreme-Court_Colour.jpg?resize=1050%2C600&ssl=1 3x"},"classes":[]},{"id":360404,"url":"https:\/\/www.scconline.com\/blog\/post\/2025\/09\/17\/supreme-court-dismisses-rajasthan-khetri-estate-upholds-will-khetri-trust\/","url_meta":{"origin":356650,"position":3},"title":"Supreme Court dismisses Rajasthan\u2019s claim over Khetri Estate; Affirms validity of Raja Sardar Singh Will and Probate in favour of Khetri Trust","author":"Apoorva","date":"September 17, 2025","format":false,"excerpt":"Supreme Court held that a State has no locus standi to challenge a Will of a private citizen by claiming to be a person interested in the estate of the deceased due to the action taken under Escheats Act.","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"Khetri Estate","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/09\/Khetri-Estate.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/09\/Khetri-Estate.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/09\/Khetri-Estate.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/09\/Khetri-Estate.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":359665,"url":"https:\/\/www.scconline.com\/blog\/post\/2025\/09\/10\/khoja-succession-muslim-personal-law-1937\/","url_meta":{"origin":356650,"position":4},"title":"Khoja Succession in India: Customary Law and the Impact of the Muslim Personal Law (Shariat) Application Act, 1937","author":"Editor","date":"September 10, 2025","format":false,"excerpt":"by Chaitanyaa Bhandarkar*","rel":"","context":"In "Experts Corner"","block_context":{"text":"Experts Corner","link":"https:\/\/www.scconline.com\/blog\/post\/category\/experts_corner\/"},"img":{"alt_text":"Khoja succession law India","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/09\/Khoja-succession-law-India.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/09\/Khoja-succession-law-India.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/09\/Khoja-succession-law-India.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/09\/Khoja-succession-law-India.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":244293,"url":"https:\/\/www.scconline.com\/blog\/post\/2021\/02\/23\/married-womans-heirs-on-paternal-side-are-not-strangers-she-can-enter-in-family-settlement-with-such-heirs-supreme-court\/","url_meta":{"origin":356650,"position":5},"title":"Married woman’s heirs on paternal side are not strangers; she can enter in family settlement with such heirs: Supreme Court","author":"Prachi Bhardwaj","date":"February 23, 2021","format":false,"excerpt":"Supreme Court: The bench of Ashok Bhushan* and R. Subhash Reddy, JJ has held that when heirs of father of a female are included as person who can possibly succeed, it cannot be held that they are strangers and not the members of the family qua the female. Factual Summary\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2021\/02\/sc-3-3.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2021\/02\/sc-3-3.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2021\/02\/sc-3-3.jpg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2021\/02\/sc-3-3.jpg?resize=700%2C400&ssl=1 2x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2021\/02\/sc-3-3.jpg?resize=1050%2C600&ssl=1 3x"},"classes":[]}],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/356650","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/users\/67011"}],"replies":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/comments?post=356650"}],"version-history":[{"count":0,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/356650\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media\/356664"}],"wp:attachment":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media?parent=356650"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/categories?post=356650"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/tags?post=356650"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}