Our society has been mostly patrilineal for long. Only men had property rights, and they were passed on just to the sons, barring certain sections of the society. Even under the rule of British, any Indian kingdom which didn’t have a male as an heir would be ruled by a person appointed by the British.
Now, things have changed, and women have been granted equal inheritance rights over ancestral property following a Supreme Court ruling in 2005.
Moreover, women have become more independent and constitute a large part of the workforce. They are acquiring both movable and immovable properties. And with property rights comes the question of inheritance.
And that’s where the ambiguity and confusion come in. Let’s find out how the law operates when property is owned by a woman.
Women’s right to property when alive
According to the Hindu Succession Act 1956, which also applies to Hindus, Sikhs, Buddhists, and Jains in India, any woman who has acquired any movable or immovable property has absolute rights over the said property.
This will include all properties which have been inherited by her, bought with her income, received as maintenance during a divorce, or even the property received as a gift during her wedding.
Rights over a woman’s property after her demise
Determined by a will
A woman’s will determine the right over her property after her death. Any beneficiaries as mentioned in the will bequeath the property.
In case of intestate death
Matters get a little complicated when a woman dies intestate, i.e., without making a will or any nominations in financial assets like bank savings account, mutual funds or shares. In that case, it is the marital status of the deceased woman that determines who has rights over her property.
Married women
First right over property: A married woman’s children have the first right over her property. Her husband too has the right to the property. If she has any grandchildren from a deceased son/daughter, they also have rights over her property.
Second right over property: However, in the absence of any children, the property rights are determined by the source of the property.
For Ex: Property that women receive from the father can be claimed by heirs of the father, i.e., the brothers or sisters and their offspring. Similarly, the property that was acquired from the husband’s side can be claimed by the heirs of the father-in-law or mother-in-law.
The third right: The heirs of the woman’s father hold the third right over her property.
The fourth right: The mother’s heirs can also hold a right over the property.
Unmarried women
If the deceased woman was unmarried, then the right over her property goes to her father’s heirs.
Her brothers and sisters and their offspring have the right to her property.
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