Where There Isn't a Will

Laws governing inheritance of women's assets when they pass away without a will are filled with arcane assumptions, often relying on biases that have not kept pace with the changes in Indian society

- NAVNEET DUBEY

CHANGES IN SOCIETY OFTEN precede those in law by a good few years, if not decades. Women, particularly, continue to feel the full weight of centuries-old cultural mores that inform these laws. This appears to be most true in laws governing inheritance.

Consider this landmark case. In 1955, Narayani Devi married Dindayal Sharma and lived in Sharma's house with his parents. Sharma passed away within three months of the marriage, and Devi was forced out of her matrimonial home immediately after.

She returned to her parents' home, got educated, and found a job. She started bank accounts and had a sizeable sum in her provident fund account. In 1996, she passed away intestate, i.e. without a will, leaving behind the assets she had acquired in her lifetime.

Ramkishori, Devi's mother, applied for a succession certificate. So, too, did Narayani's in-laws, seeking not just succession certificates but also ownership rights over her acquired properties. A dispute arose, stemming from the fact that Devi's in-laws never made any financial contribution during her lifetime, nor did she ever visit their house. After 13 years, in 2009, the Supreme Court transferred Devi's properties to her in-laws.

This is because the Hindu Succession Act (HSA), 1956, stipulates that if a woman's property is self-acquired, the husband is predeceased, and there are no children, the property will go to the husband's heirs and not to her parents, siblings, or other relatives.

This is just an example of the arcane laws that govern inheritance, which have been amended piecemeal over time but are still a minefield for women.

THE INHERITANCE CONUNDRUM

In India, when a woman dies intestate, the distribution of her property is handled per the personal laws applicable to her religious community.