The Supreme Court of India has appealed to all women, particularly Hindu women, irrespective of their age, to make a will to ensure their property is passed on according to their wishes and to avoid future legal disputes. The bench, led by Justices BV Nagarathna and R Mahadevan, was hearing a petition challenging certain provisions of the Hindu Succession Act (HSA), which currently dictate that if a childless Hindu widow dies intestate (without a will), her property devolves first to her husband’s heirs, excluding her parents.

The Court declined to rule on the constitutional validity of Section 15(1)(b) of the HSA during the hearing, leaving the door open for affected parties to challenge it separately. The justices emphasized that if the parents or relatives of a deceased woman make claims to her estate, mandatory pre-litigation mediation must be conducted before any court proceedings can begin. This measure aims to reduce property disputes that often arise due to complex and contested succession provisions.

“Women, especially Hindu women, who may have property including self-acquired assets, should promptly undertake testamentary planning through a will. This step will protect their interests and prevent protracted family litigation after their demise,” the bench said. The Supreme Court underscored that while the Hindu Succession Act lays down general rules for intestate succession, these do not restrict a Hindu woman’s right to bequeath property through a will under Section 30 of the Act and the Indian Succession Act.

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Additional Solicitor General K M Nataraj, representing the Union of India, opposed the petition on grounds that only affected parties should raise such legal challenges. He defended the Act as based on sound principles, noting that when the law was drafted in 1956, the concept of self-acquired property by women was not prevalent. The bench acknowledged the need to balance women’s rights with social and familial structures deeply rooted in Hindu society, and indicated judicial caution in altering established norms.

The Court’s appeal carries critical significance as increasing education, employment, and entrepreneurship have enabled more women to acquire property in their own names, rekindling debates on gender equity and inheritance rights. By advising women to prepare wills, the Supreme Court aims to empower them to legally secure their assets and avoid bitter family conflicts that often result from intestate succession provisions favoring husband's heirs over maternal families.

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