The Supreme Court on Tuesday issued a powerful appeal to every Hindu woman in India: make a will as early as possible, irrespective of your age, so your property goes exactly where you want it to go instead of automatically passing to your husband’s family.
A bench of Justices B.V. Nagarathna and R. Mahadevan was hearing a public interest litigation filed by a woman advocate challenging Section 15 of the Hindu Succession Act, 1956. This section says that if a Hindu woman dies without children and without leaving a will, her self-acquired property first goes to her husband’s heirs — not to her own parents or siblings.
The court refused to strike down the provision because the petitioner had no personal stake in any property dispute. It dismissed the PIL but used the opportunity to send a clear message:
“We appeal to all women, particularly Hindu women, irrespective of their age, to immediately execute a testament or will so that their properties reach the persons of their choice and future litigation is avoided.”
The judges reminded everyone that Section 30 of the Hindu Succession Act allows any Hindu (man or woman) to dispose of their property through a will. They also directed that disputes over a deceased woman’s property must first go through mandatory mediation before reaching the courts.
