“When Woman Marries, Her Gotra Also Changes”: Supreme Court on Hindu Widow’s Inheritance Case

New Delhi | September 24, 2025 The Supreme Court, while hearing a batch of petitions on Wednesday, examined the contentious issue of inheritance rights under the Hindu Succession Act (HSA), specifically regarding the property of a childless Hindu widow who dies without leaving a will. A bench of Justice BV Nagarathna and Justice R Mahadevan noted that Hindu law traditionally considers that when a woman marries, her “gotra” (clan lineage) also changes. Justice Nagarathna, the only woman judge on the bench and set to become the first woman Chief Justice of India, explained that Hindu society has long recognized the concept of Kanyadaan, which signifies the transfer of a woman from her paternal gotra to her husband’s. She further stated that the court does not wish to disturb customs that have existed for thousands of years, stressing that once married, the husband and his family assume responsibility for the woman. “Marriage rituals, especially in South India, declare that she is moving from one Gotra to another,” she remarked. The legal question before the court is whether the property of such a widow should go to her husband’s heirs, as per Section 15(1)(b) of the HSA, or whether her maternal family should also have a claim. Currently, the law specifies that in the absence of children or grandchildren, the husband’s family inherits first. The bench was presented with cases highlighting the issue. In one instance, a young couple died during the COVID-19 pandemic, leading to a dispute between the mothers of the man and the woman over inheritance. In another, after a childless couple’s death, the husband’s sister sought to claim their property. Lawyers argued that this matter has wide public interest implications and requires judicial intervention. However, Justice Nagarathna observed that a married woman would not normally seek maintenance from her brother, reiterating that her marital family bears responsibility after marriage. At the same time, the judge clarified that a widow still retains autonomy: she can choose to bequeath her property through a will or even remarry, thereby altering the line of succession. The Supreme Court has now referred one of the inheritance disputes to mediation and scheduled further hearings on the constitutional validity of Section 15(1)(b) for November. Supreme Court on Hindu Widow’s Property Rights The Supreme Court has raised a key question: who inherits the property of a childless Hindu widow who dies without a will? Under the current Hindu Succession Act, the property goes to her husband’s family, not her parents. Justice BV Nagarathna explained that when a woman marries, her gotra changes, and her husband’s family takes responsibility for her. She stressed that customs like Kanyadaan reflect this shift. However, widows can still choose to make a will or remarry. The court has sent one dispute to mediation and will hear the legality of the law again in November.