Why Women Need To Make A Will: The Law Will Decide Your Inheritance If You Don't

Most Indian women assume that when they pass away, their property will naturally go to the people they love — their children, parents, or siblings. However, under India’s succession framework, a woman who dies without a will may unintentionally jeopardise her family’s claim to the assets she spent a lifetime building.

The consequences of not planning became painfully evident during the pandemic. In many cases where there was no will, property women had acquired through their own earnings did not pass to their parents or siblings. Instead, it went to the husband’s family, and in some cases, even to relatives she had barely known in her lifetime.

It’s a legal reality few women are aware of, fewer plan for, and almost no one discusses openly. And yet, lawyers say it is one of the most common — and devastating — inheritance outcomes they see.

In India, inheritance is not governed by a single law, but by a patchwork of personal laws based on religion. And within those laws, succession does not operate the same way for men and women.

"If a woman passes away without leaving a will, then the Succession Act will apply, and the husband and her children get equal rights over the property," says Tanya Appachu Kaul, lawyer and legal influencer. "If she doesn't have children, it will all go to her husband."

If the husband has predeceased her, the inheritance trail could move even further away from her own family. "If the husband is predeceased, and she doesn't have children, then it will go to any lineal descendants of the husband," Kaul says. "And if there are no lineal descendants like a sibling, or parents of the husband, it can go to any members of the husband's family."

In the absence of a will, the lawyer said her parents or siblings would have to forgo any claim to her property.

One reason this catches families off guard is that inheritance laws are not uniform. "The first question is what do we look at?" says Shaishavi Kadakia, Partner at Cyril Amarchand Mangaldas. "For Hindus, the distinction is between men and women."

"The legal heirs for a man who passes away without a will are different from those of a woman," she explains. "For instance, a Hindu man's mother is his class one heir, but that is not true for a Hindu woman. So it leads to all of these complications."

Beyond the legal framework lies a deeper cultural problem, says Kaul. She adds the most common mistake women make is giving up property, due to fear of judgement and the lack of awareness.

Kaul explains women are often told they have no rights over their parents' property, and that male heirs are the inheritors. Women are given to understand that they have a right over their husband's property after marriage. However, that is a fallacy, says Kaul. Even if parents die intestate, a woman's inheritance rights over their property are stronger than over her husband's.

"You actually have a legal right over your parents' property, and not over your husband's property even when he is alive," she emphasises.

"In India we don't have an asset register, and documentation is not maintained properly," Kadakia says. She adds the key reason assets remain unclaimed is that families are often unaware of their existence.

The problem is compounded by the sheer number of asset classes involved.

"There are multiple asset classes in India," Kadakia explains, adding, "There could be bank accounts, demat accounts, mutual funds, bank lockers, EPF, PPF, gratuity, life insurance, flat, societies, apartments, land."

"There is also no single window, and no streamlined process," she says, adding claimants have a tough task as there is a different institution or officer to go to for each of these asset classes.

"There were families which unfortunately passed away together during the pandemic, without having a will," Kaul says. "Their property then went to some random relatives on the husband's side of the family who were not even close to the woman."

A will can override these outcomes, but only if it is properly made. Kaul says making a will and choosing an executor are key to estate planning.

In inheritance, as in life, experts say delay comes at a price as the law ends up deciding for you.