Hindu Female Parent

A clientof ours always believed that if her husband predeceases her or dies simultaneously with her, the assets in her name will go to her parents.

Little did she realize that the Hindu Succession law for women haven’t been designed that way and that,as per the Hindu Succession law for females, the natal family is not even at par with her marital family.

If one goes through the Hindu Succession Law for women, one can easily deduce that the said laws are prejudiced in favor of the husband’s family. The laws are not same in case of demise of a married male and a married female. The Hindu Succession Law provides that in case of demise of a Hindu unmarried female, her assets shall devolve upon her father and mother, and in their absence shall go to the father’s heirs succeeded by the mother’s heirs.However, in case of a Hindu female who is married at the time of her death, her husband and children will get equal rights in her assets. However, if the husband predeceases her and she has no living children, then in such case, the husband’s legal heirs, which in this case, would be the Class II heirs of the husband being the husband’s father, sisters and brothers. Only when all these persons are not around, a Hindu female’s parentscan claim any right over their daughter’s assets.

When our client came to know that her in-laws and not her parents will be the beneficiaries, she reached out to Ladderup Trustees for a solution. We helped her create a Will where she not only made her parents beneficiaries in her Will but also created life estate interest in their favor for her self-owned house.

Women are not aware of this aberration generally. It also doesn’t appeal to the logic. In these days and times, there are so many independent and successful women who have reached the pinnacle of their careers. Giving the benefit of their wealth to their brother-in-law or sister-in-law would not even have crossed their minds. In the absence of the Will, however, that’s what may end happening. Estate Planning for Women, therefore, is much more important than even Men.

A simple Will can help them ensure that their wealth either goes to the husband and children, or otherwise goes to their mother/father, or siblings.

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