A young widow with no children was forced to leave her in-law’s house after death of her husband. She stayed with her parents, got professional qualification, a good job and finally was able to purchase a flat in her own name and some investments where she stayed with her parents. A story, which can happen in any family. After her sudden death while she was around 50, her parents claimed the property and investment as legal heirs. Here comes the twist that the in-laws also claimed the same and the court citing the Hindu succession Act 1956 ruled in favour of in-laws and even SC upheld this decision and her parents who had struggled, brought up their daughter were left with no flat and no investment just because the daughter had failed to make a will making her parent’s as beneficiary. This real story shhok the core of my heart but I was helpless as the daughter never made a will out of ignorance and besides some personal help I could do nothing.
During my various interactive sessions and presentation on will and related issues I am often told that it not necessary for the wife to make a will and the arguments given are too many. She does not own anything, her property of share will always come to husband or the husband has paid money for her flat or share, etc, etc. But these arguments only show the ignorance and lack of knowledge of succession and inheritance act, rules and procedure. In some cases it also involves the transfer of property act and the Income Tax Act.
Writing a will is a very personal decision but those who do write a will normally only write for themselves and avoid or do not make a will for wife. A will ensures that the assets are transferred to the desired beneficiary easily, efficiently and at the least cost. A will is governed by the Hindu succession act 1925 in case there is a will and in case of no will by the Hindu succession act 1956. In case of marriage under Special Marriage Act 1954 it is governed by the Indian Succession Act 1925 which also applies to Christians. Muslims are governed by Shariat Act. Word Hindu includes Sikh, Jain and Buddhist.
In case of death of a woman/widow without a will, then her inherited as well as her self acquired property will be divided between sons, daughters and husband in equal proportion. In her case the act (section 14) does not distinguish between inherited and self acquired property. Further two sections (section 15 and 16) lay down the successor and the order of succession. In case of no issue of the widow or woman (whether biological or adopted) then the property (Immovable and movable) will go to the parent’s of husband in case of widow or to the legal heirs of husband. In no case her property whether inherited or self acquired property will go to her parent’s or their legal heirs unless there is a will and beneficiaries specified. If the property is inherited from her husband or in laws then it devolves in the absence of a will to her husband’s heirs.
A daughter stands to inherit an equal share in her father’s or mother’s inherited or self acquired property in case of no will by them like other siblings. In this case she can will this property as per her wish or execute a relinquishment deed to relinquish her claim on this property. But in the absence of any of these then the property in her death will revert back to her parent’s or their legal heir’s and not to her husband or his legal heirs in case there are no sons or daughters.
So it appears that making a will for the wife is equally as important if not less than her husband’s will and such wills are called mirror wills
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