A Supreme Court Bench comprising Chief Justice R C Lahoti and Justice G P Mathur on Monday issued a notice to the Centre on a petition challenging the constitutional validity of Section 23 of the Hindu Succession Act, 1956, which deprives a woman of the right to seek partition of her ancestral property if the owner dies without making a will.
According to the writ petition filed by one Jyoti Wazir, the provision violates Article 14 and 15 of the Constitution guaranteeing right to equality and non-discrimination on grounds of gender.
The petitioner said the provision provides that if a Hindu dies intestate, the woman will not have the right to seek partition and will get a share only when the male heirs decide to divide the property.
Moreover, the woman can reside in the undivided property only if she is unmarried, widowed, or faces desertion or separation from her husband.