Inheritance Rights to a Daughter’s Property End After ‘Kanyadan,’ Suggests Supreme Court’s Landmark Observation

Supreme Court: In a landmark observation during a hearing on a Hindu succession law case, the Supreme Court of India has stated that a woman’s gotra (clan) changes to that of her husband after marriage. This observation is not just a legal acknowledgment of a social custom but has also sparked a new debate on women’s inheritance rights. Legal experts are now closely analyzing how this could particularly affect childless widows.

Background of the Case

The case originated during the COVID-19 pandemic. Following the death of a childless couple, a dispute arose between their two families over the inheritance of their property. The deceased husband’s mother claimed that she was the sole heir to the property of both her son and her daughter-in-law. The complex situation eventually brought the case before the Supreme Court, where a bench led by Justice B.V. Nagarathna examined various aspects of the Hindu Succession Act.

The Supreme Court’s Observation

During the hearing, the Supreme Court highlighted the significant Hindu marriage ritual of ‘Kanyadan’ (the giving away of the daughter). The court noted that ‘Kanyadan’ also involves the ritual of ‘Gotra-dan,’ signifying a woman’s transition from her paternal gotra to her husband’s. The court emphasized that this practice has been a part of Hindu society for thousands of years.

According to the court, this change of gotra is not merely a social custom but carries deep legal significance. It implies that the responsibility for a woman shifts from her paternal family to her husband and his family. In this context, the court pointed out several related aspects:

• Responsibility of Maintenance: In the event of a divorce, a woman seeks maintenance from her husband, not from her natal family. This reinforces the principle that after marriage, her primary affiliation is with her husband’s family.
• Family Identity: After marriage, a woman’s identity becomes intrinsically linked with her husband’s family. She is considered a member of his family in social and religious ceremonies.
• The Question of Inheritance: The Hindu Succession Act provides clear guidelines on who inherits the property of a childless Hindu widow who dies without a will. Based on the court’s observation, since the woman’s gotra and family change after marriage, the claim of her in-laws on her property is legally more justified.

Future Implications

Although the final verdict in this case is still pending and the next hearing is scheduled for November, the Supreme Court’s observation is highly significant. It has brought the issue of property rights for childless widows back into the spotlight. If the court upholds its observation in the final judgment, it could have a major impact on Hindu succession law. It is believed that this would strengthen the claims of in-laws in similar future cases. However, only time will tell how this observation will affect a woman’s personal identity and her relationship with her paternal family. Legal experts believe that the final ruling in this case could open a new chapter in India’s family law and women’s rights.