The Supreme Court has urged Hindu women to create a will to safeguard their property and prevent legal disputes. This advisory highlights how intestate succession laws may divert assets to the husband’s family, making timely estate planning essential.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: In an observation impacting millions of Hindu women across India, the Supreme Court has appealed to all married Hindu women to prepare a will if they wish their property to devolve upon their own parents or relatives after their death. This advisory comes in light of existing provisions under the Hindu Succession Act (HSA), which currently direct the property of a childless Hindu widow to pass to her husband’s family, not her natal family.
ALSO READ: Are Daughters Equal Heirs? | Property Rights of Women in India Explained
The Supreme Court Issued the Appeal
A bench comprising Justice BV Nagarathna and Justice R Mahadevan was hearing a public interest petition filed by a woman advocate challenging the constitutionality of Section 15(1)(b) of the Hindu Succession Act.
The Court declined to intervene based on a PIL, stating:
- The petitioner had no personal stake in the property in dispute.
- Only individuals who are affected should challenge the provision through appropriate legal proceedings.
However, while refusing to issue directions on the provision itself, the Court highlighted a critical practical issue: frequent disputes between the woman’s parents and her husband’s family, especially in cases involving untimely death.
What the Current Law Says
Under the Hindu Succession Act, the order of inheritance for a Hindu woman’s property is as follows:
- Husband, sons, and daughters
- Heirs of the husband
- Her own parents
- Heirs of the father
- Heirs of the mother
This hierarchy often disadvantages the woman’s natal family, particularly when she has no children and dies intestate (without a will).
The Supreme Court also noted that if the parents of a deceased woman lay claim to her property, the matter must first go through mandatory mediation before any court case begins. This measure aims to reduce family conflict and promote negotiated settlements.
In an advisory, the bench stated:
“We appeal to all women, especially Hindu women, irrespective of age, who may leave behind property, to make a will or testament to avoid future litigation.”
This simple step can override the default legal succession path and ensure that the woman’s intentions are honored, whether she prefers her assets to go to her parents, siblings, or other relatives.
Additional Solicitor General K.M. Nataraj, representing the Centre, argued that constitutional questions regarding succession must be raised only by individuals directly affected by the provision, signaling that the government is unlikely to push for reforms without such cases.