After the death of Husband, a widow gets an equal share of the husband’s property along with the other Class -1 heirs. As per the Hindu Widow Remarriage Act of 1856, in case a widow remarried, she is supposed to forfeit her claim on the ex-husband’s property.
Under the Hindu Succession Act, 1956, a widow has the right to inherit her husband’s property as a legal heir. The property is inherited in the absence of any will left by her husband. Even if the husband had any ancestral property, the widow has the right to inherit it as a Class-1 heir, along with his children. If there is a will, then the distribution of the property is carried out in accordance with the terms of the will.
Inheritance rights of widows Under the Hindu Succession Act, 1956, have been marked by court judgments in India. In 2005, the Supreme Court of India, in the case of Prakash & Ors. vs. Phulavati & Ors., held that widows are entitled to inherit property from her husbands’ ancestral property as well, in accordance with the Hindu Succession Act, 1956. Supreme Court also held that daughters have equal rights as sons to inherit ancestral property. This judgment was a significant step towards gender equality in inheritance rights.
Furthermore, in 2015, the Supreme Court, in the case of Danamma vs. Amar & Ors., held that daughters are entitled to inherit ancestral property, even if their father died before the Hindu Succession Act, 2005 came into force. This decision was a significant step towards gender equality in inheritance rights, as it gave daughters the same rights as sons to inherit ancestral property.
In India, Under the Hindu Succession Act, 1956, legal heirs include the following in order of priority:
- Class I heirs: –
- Son
- Daughter
- Widow
- Mother
- Son of a pre-deceased son
- Daughter of a pre-deceased son
- Son of a pre-deceased daughter
- Daughter of a pre-deceased daughter
- Widow of a pre-deceased son
- Son of pre-deceased son of a pre-deceased son
- Daughter of a pre-deceased son of a pre-deceased son
- Widow of a pre-deceased son of a pre-deceased son
- son of a pre-deceased daughter of a pre-deceased daughter
- daughter of a pre-deceased daughter of a pre-deceased daughter
- daughter of a pre-deceased son of a pre-deceased daughter
- daughter of a pre-deceased daughter of a pre-deceased daughter
- If there are no Class I heirs, then the property is inherited by Class II heirs.
- Class II heirs:
- Father
- (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister.
- (1) Daughter’s son’s son, (2) daughter’s son’ daughter, (3) daughter’s daughters’ son, (4) daughter’s daughter’s daughter.
- (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.
- Father’s father; father’s mother.
- Father’s widow; brother’s widow.
- Father’s brother; father’s sister.
- Mother’s father; mother’s mother.
- Mother’s brother; mother’s sister.
Explanation : In this Schedule, references to a brother or sister do not include references to a brother or sister by uterine blood (descended from a common ancestress but by different husband)
- If there are no Class II heirs, then agnates and cognates inherit the property, but subject to provisions of Sec. 12 of Hindu Succession Act, 1956
- Agnates: This includes relatives related to the deceased through male lineage.
- Cognates: This includes relatives related to the deceased through female lineage.
- If there are no agnates or cognates, then the property escheats to the state.
Hindu Widow Remarriage Act of 1856 is relevant to mention here – As per the Law, all rights and interests which any widow may have in her deceased husband’s property, shall upon her remarriage cease and determine as if she had then died; and the next heirs of her deceased husband, or other persons entitled to the property on her death, shall thereupon succeed to the same.
Every widow who has re-married shall have the same rights of inheritance as that a woman who marries for the first time would have. Whereas the widow who has re-married, forfeited any inheritance that she may have obtained from her deceased husband. Law also provide that any custom and any interpretation of Hindu Law to the contrary notwithstanding, marriage of Hindus shall not be void, and no children of such marriage shall be illegitimate, by reason of the woman having been previously married to another person, who was dead at the time of such marriage.
Law of Hindu inheritance in India-
The law of Hindu inheritance in India is defined under various sections of the Hindu Succession Act, 1956. The Act governs the inheritance and succession rights of Hindus, Buddhists, Sikhs, and Jains.
Law of Hindu inheritance in India has been defined in Hindu Succession Act, 1956, include:-
- Section 8: Rules of succession in case of death of mail :- Property of Hindu dying intestate shall devolve according to the following provisions-
a. Firstly upon class 1 heirs
b. Secondly, if there is no class 1 heirs, it goes to Class II heirs
c. Thirdly, if there is no class I and Class II heirs, it will go to agnates
d. And lastly to cognates of the deceased
Sec. 15- The rules of Hindu succession in India in the case of the death of a female:-
The property of female Hindu dying intestate shall devolve according to the following provisions-
- Firstly, upon son and daughter (including the children of any predeceased son of daughter) and the husband
- Secondly, upon h heirs of husband
- Thirdly, upon mother and father
- Lastly, upon the heir of mother
In conclusion, the law of Hindu inheritance in India is primarily defined under various sections of the Hindu Succession Act, 1956. These sections lay down the rules and order of succession for different categories of legal heirs, and establish the rights of female Hindus to inherit property
