The Punjab and Haryana High Court has issued a notice to the Union Government on a petition filed by Daksh Kadian, a Student from National Law School of India challenging the constitutionality of the Hindu Succession Act, 1956.
The petitioner contends that the interstate succession scheme under Act is partial towards the sons over daughters. The Section 8 states that the property of a Hindu dying intestate shall pass upon the class I heirs first and then class II heirs, heirs of the daughters are kept in class II and heirs of the son in class I, which is arbitrary and in violation of Article 14 of the Constitution of India.
The petition also states that even under class II of heirs, male line heirs are given more preference than female line heirs, which is an illustration of gender discrimination and is prohibited under Article 15 of the Constitution. The Court has directed the Union Government to reply by 20th September, 2019.
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