Munmun Kaur-
Published On: February 02, 2022 at 11:22 IST
The Supreme Court on January 31, posted before a three-Judge Bench the plea challenging the constitutional validity of Section 15 of the Hindu Succession Act.
Earlier in 2018, a Writ Petition under Article 32, challenging the constitutional validity of Section 15 of the Hindu Succession Act was filed in the Supreme Court on the grounds that it discriminates when it comes to the devolution of property in case of a woman dying intestate as against devolution of property of a man dying intestate.
A Division Bench of Justices DY Chandrachud and Surya Kant while hearing the Writ Petition observed that it will be better if the matter is heard by a three-Judge Bench and listed the case for hearing on February 10.
The petitioner had contended that the discrimination in the said provisions was only based on gender and not on family ties.
She had also filed a Special Leave Petition against an Order of the Bombay High Court rejecting her caveat on the ground that she did not have a caveatable interest in the property of her deceased daughter, during the lifetime of the spouse of the deceased. However, the same was disposed of after it was brought to the Court’s notice that the matter had been settled.
The Apex Court in its Order said,
“Counsel for the parties would be at liberty to file their written submissions before the next date of listing and a copy of the submissions in the PDF format shall be emailed”.
The plea was filed through Advocates Buva Mrunal Dattatraya and Dhairyashil Salunkhe.