Marriage is a knot that ties two people forever who are in love. In Indian culture, marriages hold great importance. In India, a marriage is between the two families instead of just the two individuals. Marriage can legally be defined as a publicly accepted relationship, generally between a man and a woman, governed by laws, regulations, conventions, values, and attitudes that define the spouses’ rights and responsibilities as well as the position of their kids.
Marriage is considered to be a bond of a lifetime. However, the death of anyone person will cause this bond to end. The property left behind by a deceased spouse might become a source of conflict. In the majority of situations, the issue may be addressed peacefully. However, in rare situations, it may be necessary to take legal action. This article talks about the rights of the husband on the property of his deceased wife.
Property Rights Following the Death of a Hindu Married Woman:
Sections 14, 15, and 16 of the Hindu Succession Act will apply to Hindu women regardless of their married status. If she has made a will, then the property must be distributed as per the terms mentioned in the will. If the deceased woman hasn’t made a will, then, in that case, her husband and her children will have the same rights on the woman’s property.
However, in 2018, the Bombay High Court passed a judgment that stated, under the Hindu Succession Act, the property owned by a Hindu woman shall not pass to her husband if she does not have her own children. Section 15(2) of the Hindu Succession Act also does not allow the dead woman’s husband to acquire her property if she doesn’t have her own children.
Property Rights Following the Death of a Muslim Married Woman:
In the situation of the death of a Muslim woman, the husband will be eligible to get one-fourth of part of her property. This will be applicable only if the woman has her own children.
If the woman chooses to write a will, then legally, she cannot transfer more than one-third of her property and assets. If she has a husband, then she can leave two-third of her property to him in her will.
The Indian Succession Act, 1935 applies in terms of all other religions, and family and all other blood relatives will have rights even if the husband is present.
What can be Done to Prevent any Confusion?
When a married woman is living, she is the only one to have total ownership and have a complete right on all of her property and assets. Neither the woman’s husband nor her kids are entitled to any of the woman’s assets throughout her lifetime. She can make a will when she is alive and is the sole owner of all her property. That legal agreement will determine who will receive her property after her death.
If the woman didn’t make a will, then her property will be distributed as per the law after the woman’s death.