Under Hindu law, women have received the right to get a share in the ancestral as well as father’s self-acquired property, but the law is still very unjust for a Hindu woman when it comes to the devolution of her own assets.
To understand why Hindu women should write a Will, it is very important to understand what happens if she doesn’t write a Will, how her property is distributed among her legal heirs and how male lineage is given priority even if the property belongs to her.
Hindu woman dying intestate
The estate of a Hindu woman is devolved in three ways depending upon the source of property:
- If the property is derived from other sources except from father, mother, husband or father-in-law.
- If the property is inherited from father or mother.
- If the property is inherited from the husband or father-in-law.
6 Reasons To Write a Will
- The heirs of male are always given priority over the heirs of females. The property acquired from any source devolves upon the heirs of male first if the female dies childless.
- Under the male's intestate succession hierarchy, the family of the wife has not been even discussed to become heirs in the property of her husband.
- There are no source-based rules for males with regard to the property.
- Even if the property acquired is from the mother and the female dies childless, it goes back to the heirs of her father and not mother. This shows that the wife has not been given an identity separate from her husband under the law.
- In case of the self-acquired property, if the husband and children are not alive, it goes to the heirs of the husband and not to her parents' side. This is really unfair. Why can't a woman's parents inherit her property whereas inheritance by parents of a male is allowed under the law? And this becomes even a huge problem when she is the only child of her parents.
- We often talk about gender-based equality and giving women a share in ancestral and self-acquired property of their father is not enough where the whole law has prioritized the male lineage over females.
In the times this law was made, neither were they many independent and working women nor was there any such awareness among them. But now the times have changed, a woman is independent both financially and emotionally, she invests in properties and deserves the right to decide who will inherit her property after her death. We can never predict when these discrepancies in the laws will be abolished but for sure you can take control of your wishes by writing a Will.
Now you are aware that law does not necessarily divide the property as per your desire therefore consider making a Will online with www.aasaanwill.com, an easy, affordable & secure place to start your Will writing journey.
AasaanWill Zaroori Hai!