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Supreme Court Urges Hindu Women to Make Wills, Orders Pre‑Litigation Mediation in Intestate Disputes

The bench left a challenge to Section 15(1)(b) of the Hindu Succession Act to be decided in an appropriate case.

Overview

  • Parties must undergo pre‑litigation mediation for parental claims to the estates of Hindu women who die intestate, with any settlement to be treated as a court decree and processed through legal services authorities or mediation centres.
  • The Court declined to decide the validity of Section 15(1)(b) and left constitutional questions open for affected parties to raise in proper proceedings.
  • The bench appealed to women likely covered by Section 15(1) to execute wills under Section 30 to avoid disputes over self‑acquired property.
  • The PIL by advocate Snidha Mehra sought to strike down Section 15(1)(b) as arbitrary and violative of Articles 14 and 21 of the Constitution.
  • Additional Solicitor General K. M. Nataraj argued that only aggrieved parties can mount such challenges and stressed that the Act already allows women to freely bequeath property by will.