Karnataka HC Flags Confusion in Hindu Succession Act, Urges Centre to Review Provision

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The Karnataka High Court has raised concerns about a key provision in the Hindu Succession Act, introduced through the 2005 amendment, which has created uncertainty over the inheritance rights of Hindu widows and mothers. The court has urged the Union government to review the provision, citing an 'inadvertent gap' in the law that was intended to strengthen the rights of daughters in ancestral property. The court noted that the 2005 amendment, which gave daughters equal rights as sons in joint family property, inadvertently dropped any express reference to other Class I heirs, such as widows and mothers. This silence has left room for confusion, particularly in property disputes, the court said. The court's observation came while dealing with a long-running family dispute over ancestral property. The court partly allowed the appeals, upholding the finding that the first wife was the lawful spouse but also held that the three children born from the second relationship were entitled to inherit the property as legitimate children under the Act. During the proceedings, the court encountered the drafting gap in the amended Section 6 of the Hindu Succession Act, which left unclear the position of widows and mothers. The court directed the high court registry to forward a copy of the judgment to the Union ministry of law and parliamentary affairs, effectively inviting the government to fix the gap and remove ambiguity from the provision. The court's suggestion is significant, as it highlights the need for clarity in the law to protect the rights of widows and mothers. The review of the provision is likely to have far-reaching implications for the interpretation of the Hindu Succession Act and the rights of Hindu women in ancestral property.