Who inherits a wife’s properties after her death?

Due to the complexity of laws of inheritance in India, not much clarity prevails on who inherits the assets of a wife after her demise. This article attempts to answer that question by citing the latest orders of various courts in India.

What does the Hindu Succession Act say?

Under the provisions of Section 15(2) of the Hindu Succession Act, a woman’s share in her father’s property goes back to the heirs of her father after her death. Similarly, her share in her husband’s property goes back to the legal heirs of her husband.

“Any property inherited by a female Hindu from her father or mother shall devolve in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) upon the heirs of the father. Any property inherited by a female Hindu from her husband or from her father-in-law shall devolve in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) upon the heirs of the husband,” reads Section 15(2) of the Hindu Succession Act.

This legal position has been pronounced in various court judgements as well, including a Supreme Court judgement of 2020.

Inherited property of issueless Hindu female dying intestate goes back to source: Supreme Court

In January 2022, the Supreme Court ruled that if a wife covered under the Hindu Succession Act (applicable on Hindus, Sikhs, Jains and Buddhists) dies without leaving a will, and she has no children, the property inherited by her would go to the source.

“If a female Hindu dies intestate without leaving any issue, then the property inherited by her from her father or mother would go to the heirs of her father whereas the property inherited from her husband or father-in-law would go to the heirs of the husband… The basic aim of the legislature in enacting Section 15(2) (of the Hindu Succession Act) is to ensure that inherited property of a female Hindu dying issueless and intestate, goes back to the source,” the top court said.

This means, that the property the deceased received from her father’s side would be inherited by members of that family while assets received from her husband’s side would go back to the husband and his family.

This also means that if a man and wife have no children and the wife dies without intestate (the state of not leaving a Will), her husband can’t claim any right on the property she received as an inheritance from her father’s family.

Husband of deceased wife heir of property obtained through partition deed: Karnataka High Court

In March 2023, the Karnataka high Court said that if a women received a property through a partition deed, cannot be termed as inheritance under the Hindu Succession Act.

“In a considered opinion of this court, it is not possible to hold that the acquisition of the property by virtue of registered partition by the deceased woman cannot be construed to be an inheritance within the meaning of Section 15(2) of the Hindu Succession Act,” the HC said.

While stating that registered partition cannot be construed to convey the property by way of inheritance at any stretch of imagination, the high court said that once there was a partition and properties were divided by metres and bounds, they became absolute property (self-acquired property) of such of the beneficiary.