SUPREME COURT OF INDIA
B.V. NAGARATHNA, R. MAHADEVAN, JJ
SNIDHA MEHRA – Appellant
Versus
UNION OF INDIA & ORS. – Respondent
Key Points: - The petition challenged Section 15(1)(b) of the Hindu Succession Act as violative of Articles 14, 15, 21; court did not entertain merits due to public interest/petitioner’s standing (!) (!) - Section 15(1) lays out order of succession for female Hindus, with specific clauses (a)–(e) and sub-section (2) detailing inheritance from father/mother or from husband/father-in-law (!) (!) (!) (!) (!) (!) (!) (!) - Sub-section (2) applies in absence of sons/daughters, directing devolution to heirs of father or heirs of husband depending on source of property; and mediation is recommended before proceeding to court (!) (!) (!) (!) (!) - The Court did not rule on the merits/validity of Section 15(1)(b) but left the issue open; reserved liberty for resolution through mediation or appropriate case (!) (!) (!) - The Court urged proactive testamentary disposition under Section 30 to safeguard self-acquired properties and avoid litigation (!) (!)
| Table of Content |
|---|
| 1. challenging property rights for female hindus under hindu succession act. (Para 2 , 3 , 4 , 5 , 6) |
| 2. legitimacy of challenges in public interest litigation mode. (Para 7 , 8 , 9) |
| 3. recognizing evolving property rights and mediation importance. (Para 10 , 11 , 12 , 13) |
| 4. the need for proactive estate planning among women. (Para 14 , 15 , 16 , 17) |
| 5. disposal of the writ petition on academic grounds. (Para 18 , 19 , 20) |
ORDER
We have heard Sri Goburdhun, learned senior counsel appearing for the petitioner and learned counsel for the respondent(s)-Union of India at length.
2. This Writ Petition filed under Article 32 of the Constitution of India is at the instance of a young lawyer who is stated to have been practicing for about five years, at the time when the Writ Petition was filed. The Writ Petition is stated to be filed in Public Interest.
3. The petitioner herein has sought the following reliefs:
a) Issue, an appropriate Writ of Mandamus, Order, or Directions, or any other appropriate Writ in the nature of Mandamus or any other appropriate Writ, Order or Directions declaring Section 15 [1][b] of the Hindu Succession Act 1956 as unconstitutional, Ultravires the Co
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