What Happens If A Hindu Woman Dies Intestate? Here’s What The Law Says

Although women are often seen relying on their fathers and husbands regarding succession planning, it is vital for them to make a will themselves, especially if they are widowed or unmarried. People often neglect this vital responsibility, leaving their families vulnerable to disputes when the person dies without a will or intestacy. In such a case, the assets are distributed according to the succession laws, and based on the deceased’s religion.

For example, the Hindu Succession Act, 1956, governs the succession of assets for Hindus (including Sikhs, Buddhists, and Jains), the Muslim Personal Law applies to Muslims, and the Indian Succession Act, 1925, applies to Christians.

In an intestate case, assets or properties of a dead person goes to legal heirs, those having legal rights to inherit the property. With more women now participating in the workforce and accumulating assets, it is crucial for them to be aware of estate planning.

Also Read: Why Is A Will Important In Estate Planning And How To Create One?

Here’s how the Hindu Succession Act distributes assets of a deceased woman under the law.

Hindu Succession Act, 1956: What Happens If A Woman Dies Intestate

Sections 15 and 16 of the Hindu Succession Act, 1965, define the succession rule if a woman dies intestate. They explain the rules for devolution of a self-acquired and inherited property.

Devolution Rules For Self-Acquired And Inherited Property

Self-Acquired Property:

Bijal Ajinkya, partner, Khaitan & Co., a law firm, says, “Hindu Succession Act, 1956, provides that all the property of a Hindu woman shall 1) first devolve upon her children and husband in equal portions. Here, if a child is predeceased, the descendants of such child shall represent their parent and receive the portion intended for their parent. 2) If the woman has no husband or children, her assets will devolve to her husband’s heirs (if she is a widow). 3) If she is unmarried, or there are no heirs of the demised husband, her assets will be distributed amongst her mother and father. 4) If she is also pre-deceased by both her parents, the assets shall be distributed to the heirs of her father, and if none, amongst the heirs of her mother.”

Inherited Property:

· Inherited From Parents: Ajinkya explains that an inherited property a woman receives from her father or mother devolves first to her husband and children equally. In the absence of any child (including the children of any pre-deceased child), such property shall be distributed amongst the heirs of her father. This will be the case even if she has a surviving husband, who shall not receive any share.

· Inherited From Husband Or Father–In–Law: Any “property inherited by a Hindu woman from her husband or father-in-law shall first devolve to her children in equal proportions. In the absence of any child (including the children of any pre-deceased child), such property shall be distributed to the heirs of her husband”, says Ajinkya, clarifying that a gifted property by her father, mother, husband, father-in-law and property received through a will is not considered inherited but treated as ‘self-acquired’ property of Hindu woman.

Why Is Writing A Will Important For Women?

A Will saves the family feuds and safeguards the interest of loved ones, especially if there are children. There have been cases when a widow, not supported by in-laws, had to bequeath her self-acquired assets to her in-laws in the absence of a will. So, it is critical to have a will in place.

According to Kavita Bothra, Partner, Primassure LLP, a wealth management firm, “Writing a will is essential (for a woman) because it ensures her property goes to the people she wants. Without a will, the law may distribute her assets in a way that doesn’t match her intentions. Inherited property can be given to the right beneficiaries rather than returning to her family or going to unintended heirs. A will provides clarity for family members, helping to avoid confusion or disputes after her passing.”

Also Read: Writing A Will? Consider This While Choosing An Executor

Ajinkya states, “The signing of a Will provides women with the power to opt-out of the application of the Hindu personal law applicable to them, and the flexibility to both, (i) dictate her heirs, over and above what has been provided under the HSA 1956; and (ii) dictate the proportion in which her assets will be bequeathed to them. By specifying her heirs, women can provide for their children, partners, or other loved ones, reducing the risk of disputes among heirs, and allowing for distribution of assets to distant family members, friends, and charities.”

So, if you have something to leave as a legacy for your loved ones, write a Will, no matter how old you are, to prevent any possibility of friction in the family at bay.

What Can A Woman Do To Ensure Her Assets Go To The Person She Wants?

Bothra suggests, “Have a clear and precise will. It’s the most effective way to ensure her wishes are met. In the will, she should identify who gets which portions of her self-acquired and inherited assets. Also, she should appoint an executor, someone she trusts, to ensure the will is carried out according to her instructions. It should also include specific instructions regarding the care of dependents or distribution of important assets.”

So, draft a will with the help of a legal professional, appoint a trustworthy executor, sign it, get it witnessed, and store it in a safe place where the executor can reach when needed.

Like improving financial literacy, women should also be aware of estate planning and intestate laws. Today, when the number of divorces is increasing, or couples prefer not having a child, or where the woman herself is the only child, it is crucial to write a will as it supersedes the succession law and ensures that her accumulated assets go to the person she wants them to bequeath.