When you marry your partner, you can see your life taking shape together. You have common goals, values, and an idea of what it takes to live well. Over time, these ideas may evolve and shift, but you and your partner anchor each other through it all. This is why losing your husband can feel like the end of the world. At a delicate time like this Indian wives claim their inheritance.
It may be common to hear that a widow is facing difficulties claiming her inheritance or coparcener stake from her husband's estate. This is likely to happen if the husband dies intestate; otherwise, a will could make such provisions for her. A widow must know her legal rights in a social environment like this.
Cases with unfair wills
In India, the practice of wills unfair to women is common as older males may will their estate to their male heirs. The Hindu Succession Act improves on this practice for cases without a will. Progress has taken place through a 2021 ruling by the Nagpur bench of the Bombay HC, which stated that unmarried widows are entitled to their husband's estate. In a recent UK court case, a lawyer represented Harbans Kaur, an 83-year-old British Asian widow left out of her husband's will. The court overturned the will to ensure Mrs Kaur received 50% of the estate's value as no "reasonable provision" had been made for her.
Know your succession laws
Since inheritance is categorised under personal law in India, the rules of succession are based on the presence of a will. With the presence of a will and the Nagpur bench of the Bombay HC judgement, an unmarried widow is entitled to a claim in her husband's estate. However, personal succession laws take effect if a husband dies intestate or without a will. For Hindus, this is the Hindu Succession Act (1956); for Muslims, this is the Shariat or religious law; and for Christians, such inheritance is provisioned for by the Indian Succession Act of 1925. They differ in details, but all make provision for widows receiving a portion of their husband's estate. Let's look at each of these in more detail.
Hindu Succession Act & Widow Inheritance
The scope of this act applies to Hindus, Jains, and Sikhs. It comes into effect for cases of men dying without a will. The wife of a deceased man is declared as a Class 1 heir. This makes her and other class 1 heirs - like daughters and sons, the first contenders for the deceased's property. It also makes the provision for equal division of such property. It is important to note that if a man has two wives, the default legal recognition goes to his first wife.
What does the Shariat entitle a Muslim widow as inheritance?
The Shariat is a religious law that governs Muslim inheritance. As such, it fixes an inheritance based on the deceased person's relatives. The wife of a deceased is entitled to an inheritance of one-eighth of his property if the couple has children. Without children, the widow's share in her husband's property becomes one-fourth. The man's other relatives inherit the remainder. If the deceased had more than one wife, each gets her share of the inheritance. Islamic law also prevents a person from making a will for more than one-third of his property.
Christian widow inheritance through the Indian Succession Act
Applicable to Christian widows, the Indian Succession Act of 1925 can inherit one-third of her husband's property if the couple has children. The act then distributes the remaining property to the remaining inheritors. If the couple has no children, the widow inherits half the property while the rest goes to other inheritors. In some instances, the law makes a provision to recognise agreements before a marriage that explicitly exclude a wife from her husband's estate or property.
While India's laws are clear and comprehensive for widow succession, the succession plans may or may not be executed as Indian society can often be regressive towards women, especially widows. The lack of financial and legal literacy, societal pressure, and sometimes even a widow's lack of assertiveness or proactivity can be roadblocks to such a claim.
If you know a widow in such a state, it helps to inform her of the laws that give her legal rights. A widow has a legitimate share in her husband's estate, whether with or without a will. EasyInherit is your one-stop solution for all inheritance matters - whether expert guidance to writing a will, helping you make an asset portfolio, or assisting in settling claims. You can start by opening an account for them on EasyInherit and take the conversation ahead from there.
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