The Supreme Court of India is set to address a significant legal question regarding whether Muslim women can claim equality in matters of inheritance, considering the state's efforts towards implementing a Uniform Civil Code and the 2017 Constitution Bench's ruling that invalidated the practice of triple talaq.
A bench comprising Justices C.T. Ravikumar and Rajesh Bindal has framed several key issues for examination. One primary question is whether a testator governed by Mohammedan Law can legally execute a will disposing of their entire estate according to their wishes. Additionally, the court will explore if a testator under Mohammedan Law is permitted to bequeath up to one-third of their estate to one or more legal heirs without requiring consent from the other heirs.
Further, the bench will consider whether Muslim women have the right to claim equality in succession, in line with the constitutional mandates under Articles 14 (equality before the law) and 15 (prohibition of discrimination) in the context of Article 44, which directs the state to work towards securing a Uniform Civil Code for all citizens. However, the court noted that these issues might be reframed after hearing from the amicus curiae and the Attorney General.
Senior advocate V. Giri has been appointed as amicus curiae, and the assistance of the Attorney General has been sought. The case originated from a civil appeal by Tarsem, where different High Courts' rulings were referenced. These rulings generally hold that a Mohammedan cannot discriminate among legal heirs when bequeathing their estate unless all heirs consent. This implies that all heirs should share the estate equally. However, a Mohammedan is allowed to bequeath up to one-third of their estate to a third party, with the remaining two-thirds distributed equally among the legal heirs, provided there is no consent from the heirs to override this limit.
In the 1987 Karnataka High Court case Narunnisa vs. Shek Abdul Hamid, it was ruled that if a Mohammedan is survived by a son and a daughter, and the daughter does not consent to the father's will, which allocates three-fourths of the property to the son and one-fourth to the daughter, the daughter is entitled to claim one-third of the property as her share of inheritance, rather than 50%.The Supreme Court bench noted that these matters require reconsideration, especially given the evolving societal context and in light of recent landmark judgments such as Prakash and Others vs. Phulavati and Others (2016) and Shayara Bano vs. Union of India and Others (2017).
This examination by the Supreme Court could potentially reshape the inheritance rights of Muslim women, aligning them more closely with the principles of equality enshrined in the Indian Constitution. The decision to take up this issue reflects ongoing efforts to balance personal laws with constitutional mandates, aiming for a more uniform and equitable legal framework across different communities in India.
