Supreme Court to Assess Equal Succession Rights for Muslim Women

The Supreme Court of India is poised to address a crucial legal question on whether Muslim women are entitled to equal rights in matters of succession. This examination is part of the broader governmental initiative to introduce a Uniform Civil Code and follows the landmark 2017 Constitutional Bench ruling that invalidated the practice of triple talaq.

A bench led by Justices C T Ravikumar and Rajesh Bindal will review whether individuals under Mohammedan Law can will their entire estate as they wish and bequeath up to a third to any heir without others’ consent. They will also consider Muslim women’s rights to equal succession under constitutional equality and non-discrimination provisions. The July 25 hearing will include consultations with amicus curiae Senior Advocate V Giri and the Attorney General to frame specific issues.

The issue arose from a civil appeal by Tarsem, highlighting differing High Court interpretations on a Mohammedan’s right to discriminate among heirs without mutual consent. Under Mohammedan Law, a person can bequeath one-third of their estate to a third party, with the remaining two-thirds distributed equally among legal heirs unless all heirs agree otherwise.

The bench cited a 1987 Karnataka High Court ruling in Narunnisa vs. Shek Abdul Hamid, which stated that if a Mohammedan leaves a son and a daughter, and the daughter does not consent to a will favoring the son, she is entitled to only one-third, not half, of the estate.