India's Top Court Warns: Hindu Women Must Make Wills to Avoid Property Disputes

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In a landmark ruling, India's top court has urged all Hindu women to execute wills to prevent property disputes after their death. The Supreme Court bench, led by justices BV Nagarathna and R Mahadevan, emphasized that women should take proactive steps to safeguard their interests through wills, especially if they own self-acquired property. The court's warning comes after it refused to decide on a challenge to Section 15(1)(b) of the Hindu Succession Act, 1956, which prioritizes a woman's husband's heirs over her parents if she dies intestate without children or a spouse. The provision has been criticized for being discriminatory, as it denies her parents access to her self-acquired property. The bench acknowledged that women's economic standing has changed significantly since the Act was passed in 1956, with many women now owning substantial self-acquired assets. However, it declined to strike down the provision, citing the need for affected parties to raise the challenge. Instead, the court directed that parents or their heirs of a Hindu woman dying intestate must undergo pre-litigation mediation before filing a lawsuit. Any settlement reached in mediation will be treated as a court decree. The ruling highlights the delicate balance between protecting women's rights and maintaining the coherence of the Hindu family system. While the court acknowledged the grievances of parents and siblings who lose access to the woman's self-acquired estate, it emphasized the need to avoid making 'bad law' solely based on 'hard facts'. The court's warning to Hindu women to make wills is seen as a pragmatic solution to prevent property disputes and ensure that their properties devolve according to their wishes. It remains to be seen whether the ruling will lead to a change in the way Hindu women approach property inheritance in India.