Supreme Court Advises Hindu Women to Make Wills to Protect Property Inheritance Rights

The Supreme Court has urged Hindu women, regardless of their age, to create a will if they wish their property to be inherited by their family members or relatives from their side after death. Currently, under the Hindu succession law, a childless widow's assets are transferred to her husband's family following her demise.

Justices BV Nagarathna and R Mahadevan were presiding over a petition filed by a woman advocate challenging specific provisions of the Hindu Succession Act. The bench stated, "The petitioner has no personal claim on any property. She has filed it in public interest to examine the constitutional validity of Section 15(1)(b) of HSA. We do not wish to deal with this issue at the instance of the petitioner. We reserve liberty to persons affected by this provision to challenge the constitutionality in appropriate proceedings."

The court declined to issue directions regarding the contested provisions but emphasized that if parents of a deceased woman claim her property, mandatory mediation would be required before court proceedings begin. "We appeal to all women, especially Hindu women, irrespective of their age, who may leave behind property, to make a will or testament to avoid future litigation," the bench advised.

Additional Solicitor General K M Nataraj, representing the Centre, opposed the petition, arguing that such questions should be raised by affected parties.

According to the Hindu Succession Act, a Hindu woman's property first goes to her husband and children, followed by her husband's heirs, then her parents. Further down in succession are the heirs of her father and mother. These provisions frequently cause disputes between the husband's family and the woman's parents, particularly in cases of unexpected deaths.

In previous observations, the Supreme Court noted it would proceed cautiously when examining challenges to the Hindu Succession Act. The court had remarked that while women's rights are important, there must be "a balance between social structure and giving rights to women."