Secure your legacy: Why Supreme Court wants women to write their own wills

Under Section 15(1)(b), if a Hindu woman dies intestate (without a will) and lacks direct heirs like sons, daughters, or a husband, her property first devolves to her husband's heirs.

In a landmark observation, the Supreme Court on Wednesday urged women—particularly Hindu women without sons, daughters, or husbands—to proactively draft wills to prevent disputes over their self-acquired properties. This appeal, rooted in the evolving socio-economic realities of women's empowerment, aims to curb potential litigation between maternal and paternal families, ensuring assets align with the deceased's intentions.

The evolving landscape of women's property rights

The court's directive stems from a deep dive into the Hindu Succession Act, 1956, which governs inheritance among Hindus. Under Section 15(1)(b), if a Hindu woman dies intestate (without a will) and lacks direct heirs like sons, daughters, or a husband, her property first devolves to her husband's heirs.

The bench, comprising Justices Hima Kohli and Ahsanuddin Amanullah, reflected on the Act's origins: "Parliament at that time may have assumed that women would not have self-acquired property, but the progress of women in these decades cannot be underestimated."

Highlighting the transformative impact of education, employment, and entrepreneurship, the judges noted, "Education, employment and entrepreneurship of women in this country including Hindu women has led to their acquiring self-acquired property." They cautioned that routing such assets solely to a husband's heirs could "cause heartburn" for the maternal family, underscoring a disconnect between outdated laws and modern realities.

A constitutional challenge ignites reform

The appeal arose from a plea by advocate Snidha Mehra, who argued that Section 15(1)(b) is arbitrary and violates Articles 14 (equality), 15 (non-discrimination), and 21 (right to life and liberty) of the Constitution. Mehra contended that forcing a woman's property to her husband's kin, even in the absence of immediate family, undermines her autonomy and discriminates on gender lines.

While the court refrained from striking down the provision outright—citing it as a policy matter for Parliament—it issued a clarion call, "We appeal to all women and particularly all Hindu women irrespective of their age who are likely to be in position of Section 15(1) of the Hindu Succession Act, 1956 to take immediate steps to make a testament or will bequeathing their properties including their self-acquired properties in accordance with section 30 of the Hindu Succession Act read with the provisions of the Indian Succession Act."

This empowers women under Section 30, allowing them to override intestate succession through a will.

The perils of procrastination

Legal experts resonated the court's urgency, emphasizing proactive estate planning. Shaishavi Kadakia, Partner at Cyril Amarchand Mangaldas, pointed out a common misconception that single women assume that since they may not have dependents, it is not necessary to undertake their estate planning. However, this does not take into account that the woman may have heirs (such as parents) who will stand to inherit if the woman is deceased – and if there is no will and other formalities such as updating nominations is not undertaken – then the heirs may be severely inconvenienced in claiming the assets.

Shweta Tungare, Co-founder of LawTarazoo, warned, "Without a Will, their life's earnings could end up in lengthy court battles or with unintended beneficiaries, completely ignoring their actual wishes or the people who genuinely cared for them."

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Mediation mandate and forward steps

To mitigate disputes, the bench mandated pre-litigation mediation for claims by parents or their heirs under Sections 15(1)(c), (d), and (e), where maternal claims arise. "We direct that there should be a pre-litigation mediation prior to filing of any suit or proceeding in a court of law," the court ordered, stipulating that mediated settlements hold the force of a court decree.

Tungare said, "Single women should also consider powers of attorney for medical and financial decisions during incapacity. Store original documents securely, and review your will every 3-5 years." Registering the will and informing the executor of its location, she added, ensures seamless execution.

This ruling not only safeguards women's legacies but signals a judicial nudge toward legislative reform, affirming that self-made fortunes deserve self-determined fates. As India marches toward gender parity, such steps bridge the gap between law and lived empowerment.