Women’s inheritance rights: What happens when women don’t have a will?
When a woman passes away without leaving a will, her self-acquired assets are initially inherited by her children
- Mar 8, 2024,
- Updated Mar 8, 2024 12:34 PM IST
Narayani Devi, having married Dindayal Sharma in 1955, soon found herself widowed after Dindayal's untimely death merely three months into their wedded life. Forced to leave her husband's house, Narayani moved back with her parents, pursued her education and managed to secure employment. During this time, she acquired a substantial amount of personal assets, including savings in various bank accounts and a large provident fund. However, her unexpected death in 1996, with no formulated Will, sparked a legal battle over her self-acquired possessions.
After her death, both Narayani’s mother, Ramkishori, and her in-laws lodged claims to obtain succession certificates and secure rights to her assets. Herein arose a dispute, as Narayani had never received any financial support from her husband or in-laws and hadn't stepped foot in their house since leaving after her husband's death.
At the heart of this controversy were the existing Indian laws. They stipulate that when a woman dies intestate, her self-attained belongings primarily pass on to her children or husband. Parents, in such a scenario, don't possess rights to any share. Basing their judgment on these legal statues, the court ruled that no decision should hinge solely on emotion or sympathy. Accordingly, the assets were transferred to Narayani's husband's family.
This case, known as Omprakash and others v. Radhacharan and others (2009) 15SCC66, is a poignant reminder of the intricacies and sensitivities involved in property succession issues. It also emphasises the fundamental principle of how personal assets are distributed posthumously, according to the personal laws of the decedent's religious community, when a woman in India dies without a Will.
The Hindu Succession Act (HSA) amendment is one of the most consequential changes aimed at addressing gender imbalance in inheritance laws, guaranteeing equal inheritance rights for sons and daughters. It predominantly applies to Hindus, Buddhists, Sikhs and Jains.
When a woman passes away without leaving a will, her self-acquired assets are initially inherited by her children, which includes the children of any predeceased offspring. All her descendants are equally eligible for inheritance regardless of their gender. However, if the woman are childless, her assets entirely move on to her spouse. If her spouse too is deceased, the property's full ownership is passed onto the woman's mother-in-law. A married woman's biological parents can only become her legal heirs if all the heirs on her husband's side pass away.
While the institutional groundwork to eliminate gender bias in inheritance laws are in place, prejudice in society often hampers its practical implementation. This societal bias proves to be an impediment to the realisation of gender equality despite the progress made in legislation.
Importance of Will Planning
The importance of preparing a will is something that cannot be stressed enough, especially for a woman who has amassed wealth and assets in the course of her lifetime. The will is not just a tool for wealth distribution; it acts as a safety net that ensures the right people inherit what the woman leaves behind after her passing.
Will planning does not contribute directly to wealth creation but it promotes autonomy. For a woman who has devoted her life to creating financial security for herself and her loved ones, having final say on the distribution of her assets is her right and privilege.
A will gives a woman complete discretion to decide who gets what upon her death. If a woman passes away without preparing a will, her estate will be divided in accordance with the laws of succession, which may not always honor her wishes.
A well-written will can save a family from potential disputes over inheritance. Through careful estate planning, a woman can allocate assets for specific purposes such as financing a child’s education or providing for her parents. This is also an effective way to bequeath assets to individuals who are not legal heirs.
Anyone, regardless of age, can prepare a will as long as they are of sound mind and legal age. However, experts recommend that a woman, whether she has a profession or not, should begin planning her estate as soon as she can, while she is in robust health and has assets to pass on. This ensures her wishes are executed exactly as she intends. In a nutshell, the will serves as the guardian of her assets and the custodian of her intentions, safeguarding her wealth and hard work, even after her demise.
Narayani Devi, having married Dindayal Sharma in 1955, soon found herself widowed after Dindayal's untimely death merely three months into their wedded life. Forced to leave her husband's house, Narayani moved back with her parents, pursued her education and managed to secure employment. During this time, she acquired a substantial amount of personal assets, including savings in various bank accounts and a large provident fund. However, her unexpected death in 1996, with no formulated Will, sparked a legal battle over her self-acquired possessions.
After her death, both Narayani’s mother, Ramkishori, and her in-laws lodged claims to obtain succession certificates and secure rights to her assets. Herein arose a dispute, as Narayani had never received any financial support from her husband or in-laws and hadn't stepped foot in their house since leaving after her husband's death.
At the heart of this controversy were the existing Indian laws. They stipulate that when a woman dies intestate, her self-attained belongings primarily pass on to her children or husband. Parents, in such a scenario, don't possess rights to any share. Basing their judgment on these legal statues, the court ruled that no decision should hinge solely on emotion or sympathy. Accordingly, the assets were transferred to Narayani's husband's family.
This case, known as Omprakash and others v. Radhacharan and others (2009) 15SCC66, is a poignant reminder of the intricacies and sensitivities involved in property succession issues. It also emphasises the fundamental principle of how personal assets are distributed posthumously, according to the personal laws of the decedent's religious community, when a woman in India dies without a Will.
The Hindu Succession Act (HSA) amendment is one of the most consequential changes aimed at addressing gender imbalance in inheritance laws, guaranteeing equal inheritance rights for sons and daughters. It predominantly applies to Hindus, Buddhists, Sikhs and Jains.
When a woman passes away without leaving a will, her self-acquired assets are initially inherited by her children, which includes the children of any predeceased offspring. All her descendants are equally eligible for inheritance regardless of their gender. However, if the woman are childless, her assets entirely move on to her spouse. If her spouse too is deceased, the property's full ownership is passed onto the woman's mother-in-law. A married woman's biological parents can only become her legal heirs if all the heirs on her husband's side pass away.
While the institutional groundwork to eliminate gender bias in inheritance laws are in place, prejudice in society often hampers its practical implementation. This societal bias proves to be an impediment to the realisation of gender equality despite the progress made in legislation.
Importance of Will Planning
The importance of preparing a will is something that cannot be stressed enough, especially for a woman who has amassed wealth and assets in the course of her lifetime. The will is not just a tool for wealth distribution; it acts as a safety net that ensures the right people inherit what the woman leaves behind after her passing.
Will planning does not contribute directly to wealth creation but it promotes autonomy. For a woman who has devoted her life to creating financial security for herself and her loved ones, having final say on the distribution of her assets is her right and privilege.
A will gives a woman complete discretion to decide who gets what upon her death. If a woman passes away without preparing a will, her estate will be divided in accordance with the laws of succession, which may not always honor her wishes.
A well-written will can save a family from potential disputes over inheritance. Through careful estate planning, a woman can allocate assets for specific purposes such as financing a child’s education or providing for her parents. This is also an effective way to bequeath assets to individuals who are not legal heirs.
Anyone, regardless of age, can prepare a will as long as they are of sound mind and legal age. However, experts recommend that a woman, whether she has a profession or not, should begin planning her estate as soon as she can, while she is in robust health and has assets to pass on. This ensures her wishes are executed exactly as she intends. In a nutshell, the will serves as the guardian of her assets and the custodian of her intentions, safeguarding her wealth and hard work, even after her demise.