Who has right on woman’s Inheritance after her death?

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During a Hindu woman’s lifetime, she has complete ownership rights over her property. Disputes over property often arise when a woman dies without making a will. In such cases, the division of property is governed by the Hindu Succession Act of 1956, as detailed in Sections 14, 15, and 16.

Section 14 of the Hindu Succession Act of 1956 outlines what can be included in a woman’s property. It encompasses both movable and immovable properties. Usually, a woman can acquire property in various ways, such as through purchase, inheritance on death of her parents, property received as a gift from parents or any other person, a share in coparcenary property after partition, or property received from husband and in-laws.

If a woman dies without making a will, the distribution of her property among her legal heirs or descendants is detailed in Section 15 of the Hindu Succession Act of 1956. According to Sub-section 15(1), after a Hindu woman’s death, her property is first inherited by her sons, daughters, and husband. This also includes the children of a predeceased son or daughter. If none of the individuals listed in the first category is present, the property goes to the woman’s husband’s heirs. In the third condition, the property may go to the mother and father, and in the fourth condition, it may go to her father’s heirs, with the mother’s heirs being the last in line.

Furthermore, as per Section 15(2)(a) of the Act, if a Hindu woman had received property in inheritance from her mother or father or her earlier generations, and she has no surviving children, the property will get transfered to her father’s heirs instead of the heirs mentioned in Sub-section (1). Similarly, under Section 15(2)(b), if a Hindu woman receives property from her husband or in-laws and has no children, the property will get transfered to her husband’s legal heirs.

Supreme Court advocate Anil Karnawal has said that if a Hindu woman inherits any ancestral property from her father or previous generations, and she passes away without any offspring,the property will return to her father and his heirs. If she has children, then the property received from husband, father or ancestors, will be transferred as per first category heirs.

To ensure that your loved ones do not face difficulties after you pass away, it is essential that you create a will. A will ensures that your property is distributed according to your wishes after your demise. In the absence of a will, you should seek legal advice to understand your rights regarding your property.