Madras High Court upholds the trial court of October, 2017, says women belonging to tribal communities in Tamil Nadu entitled to equal share in their family or ancestral property, at par with their male coparceners under the Hindu Succession Act, 1956
The Hindu Marriage Act governs the marriages of a Hindu, Buddhist, Jain or Sikhs. Under modern Hindu Law, Marriage whether considered as a contract or sacrament gives rise to a status.
Section 15 of the Hindu Succession Act, 1956 gives priority to the heirs of the husband over the parents of the deceased; If a Hindu woman dies without making a will. Since the husband is alive at the time of her death, he takes all her property without leaving any share for her own mother or father.
A 3-Judge bench of Supreme Court has directed the Centre to file its response within three-weeks and adjourned the matter constitutional validity of sections 15 and 16 of the Hindu Succession Act, 1956 for hearing on a later date.
A 3-Judge Supreme Court bench will be hearing the matter challenging the constitutional validity of sections 15 and 16 of the Hindu Succession Act, 1956 for final disposal.