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Monday, January 26, 2026

Why did the Supreme Court ask working women to make their will in time?

New Delhi. At present women are in no way less than men. Women are also creating property on their own. But, have you ever wondered how self-reliant women protect their property? Especially in those situations when a married woman dies and she has no children. In such cases, the woman’s husband becomes the natural heir to her property. Whether the woman has received the property from her parents or has earned it through her own hard work. The Supreme Court has advised women to make their own will, so that they can take their own decisions regarding their property. Be it their own earned property or property received from parents.
Making an important comment, the Supreme Court appealed to all Hindu women to prepare a will in time to avoid any kind of dispute regarding distribution of their self-earned and other properties. The top court said that women’s property not being handed over to their parents without a will often causes bitterness and suffering, which can be prevented by this will. Justice BV Nagarathna and Justice R. Mahadevan’s bench gave this advice while it was hearing a petition challenging Section 15(1)(b) of the Hindu Succession Act, 1956. Under this provision, if a Hindu woman dies without a will, without children and without a husband, then the rights of her husband’s heirs on her property will be superior to those of her parents.
The Supreme Court bench, while refusing to hear the PIL filed by the lawyer, said that such constitutional questions should be raised by those who are actually affected by it. The court left this question open rather than giving any final opinion on the validity of the provision. Additional Solicitor General KM Nataraj, appearing for the Centre, defended the provision, saying the lawmakers in 1956 had prepared a scientific framework. He said that then it was not imagined that women would own such a large amount of self-acquired property, but under Section 30 of the Act, women have been given full right to bequeath their property as per their wish.

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