Amongst the various steps of estate planning, one of the vital steps to be taken is to prepare one’s Will.
Usually, it is the male of the house who works hard, acquires assets and is required to plan his estate so that after his demise, his estate is distributed to his loved ones including his wife and children.
The Female of the house, in the earlier days looked after the house, was not a working woman and did not have many assets in her own individual name.
However, things have changed and women are playing a vital role in acquisition, retention and growth of the family’s wealth. This article emphasises why a woman should make her will bestowing her assets as per her wishes, more so in the light of a recent Supreme Court Judgement.
The Hon’ble Supreme Court, noted that Education, employment and entrepreneurship of women in India, including Hindu women has led to their acquiring self acquired properties. The Supreme Court underscored the importance of Hindu women executing wills for their property, particularly their self-acquired assets. The Court observed that a written will is essential to ensure that a woman’s intentions are respected after her death and to prevent the kind of property disputes that frequently arise in her marital and natal families. The Supreme Court in no uncertain terms stated,
“However, through this order we appeal to all women and particularly Hindu women who are likely to be in the position of Section 15(1)(b), at the time of their death, to take immediate steps to make a testament or Will, preferably a registered Will, well in advance, bequeathing their properties, including their self-acquired properties in accordance with Section 30 of the Hindu Succession Act read with the provisions of the Indian Succession Act, 1925. We say so in order to safeguard the interests of not only Hindu women in this country, but all women in general so as to avoid any further litigation in this regard.”
This observation was made while the Court was hearing a Public Interest Litigation chalenging Section 15(1)(b) of the Hindu Succession Act, 1956, a provision that determines how the property of a Hindu woman devolves if she dies intestate, that is, without a will.
While the Court stopped short of striking down the provision, its observations serve as a clear advisory to women: until the law is revisited by Parliament or reexamined through an appropriate constitutional challenge, it is prudent for every Hindu woman to make their will. A properly drafted will allows her to decide how her assets—whether self-acquired or inherited—should be distributed, and it ensures that her family members are not drawn into avoidable disputes after her death. The judgment also highlights the pressing need for greater awareness among women about estate planning and the importance of documenting the succession of their hard-earned property.
The writer is a practising Advocate in the Bombay High Court
