Brother Cannot Claim Deceased Woman’s Estate Over Husband’s Heirs, Rules Bombay High Court

The Bombay High Court held that Section 15(1) of the Hindu Succession Act, 1956 continues to govern succession to the property of a Hindu woman dying intestate and has not been declared unconstitutional by any binding judicial precedent.

The Court rejected a plea by the deceased woman’s brother claiming priority over the heirs of her husband in inheriting her estate.

It observed that unless the provision is struck down by a competent constitutional court or amended legislatively, courts are bound to apply the existing statutory scheme.

While acknowledging ongoing constitutional debates around gender disparity in succession law, the Court held that such concerns cannot override the plain language of the statute.

[Santsaran Gursaran Advani @ Papan Advani v. Nina H. Bhalla & Ors.]