NEW DELHI: Supreme Court Wednesday sought responses of Uttar Pradesh and Uttarakhand govts on a PIL which sought erasing of gender-discriminatory laws in the two states which disentitle a daughter from her share in parental property after marriage and a widow from her share in matrimonial property after her remarriage.
A three-judge bench led by CJI D Y Chandrachud issued notice to the two states on the PIL filed by Shweta Gupta as her counsel K C Jain argued that SC had in 2019 entertained a petition seeking similar relief regarding gender-discriminatory provisions in Hindu Succession Act . The petitioner said under Section 109 of UP Revenue Code, 2006, when a female (who has inherited land from her father) dies, her land stands devolved upon the heirs of her husband, rather than her own heirs.
Similarly, the provision disentitled a daughter's ownership right over land inherited from her father after marriage. The same provision also provided that if a widow remarries, she stands divested from land inherited from her deceased husband as it would go to the next surviving heir of the last male holder of the land.
The petitioner sought to know "whether the marital status of a female can be determinative of her identity to entitle or disentitle her to inherit an interest of a land, while marital status of a male has no significance for succession under UP Revenue Code".
A three-judge bench led by CJI D Y Chandrachud issued notice to the two states on the PIL filed by Shweta Gupta as her counsel K C Jain argued that SC had in 2019 entertained a petition seeking similar relief regarding gender-discriminatory provisions in Hindu Succession Act . The petitioner said under Section 109 of UP Revenue Code, 2006, when a female (who has inherited land from her father) dies, her land stands devolved upon the heirs of her husband, rather than her own heirs.
Similarly, the provision disentitled a daughter's ownership right over land inherited from her father after marriage. The same provision also provided that if a widow remarries, she stands divested from land inherited from her deceased husband as it would go to the next surviving heir of the last male holder of the land.
The petitioner sought to know "whether the marital status of a female can be determinative of her identity to entitle or disentitle her to inherit an interest of a land, while marital status of a male has no significance for succession under UP Revenue Code".
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