A WIFE'S RIGHT TO HER DECEASED NRI HUSBAND'S PROPERTY

In the words of Justice Mitter, “a widow is the trustee for the benefit of her husband’s soul”.

- CA Sreejith Kuniyil

The Indian succession laws revolve around the principle that it is necessary for a woman to depend on the assets left by her deceased husband. This principle empowers widows to inherit the assets of their deceased husbands.

In India, a wife’s rights to her deceased husband’s property depend on the personal laws applicable to the parties based on their religion. Since India has different legal frameworks based on religion, inheritance is governed by laws such as Hindu Succession Act in case of Hindus, Shariat Law in case of Muslims, Indian Succession Act in case of Christians, etc.

Below are the key provisions for the wife’s rights under each system:

Under Hindu Law (Hindu Succession Act, 1956)

The Hindu Succession Act, 1956 governs the inheritance of property for Hindus, Buddhists, Sikhs, and Jains in India. A wife’s rights under this Act are as follows:

When a husband passes away, his wife’s rights to his estate depend on whether he left a Will or not.

If the Husband Dies Intestate (without a Will):