Women’s Relative right to property under the Will

Women’s Relative right to property under the Will

In previous days, the Supreme Court in favor of those women who have lost their husbands due to death has given a big decision. This decision is very important for those women who have been turned out of their houses and who are suffering even when they have ancestral properties.

Under the guidance of Justice M.Y Iqbal, the Supreme court has made it clear that those women whose husbands are dead have full right in the ancestor property and this is not just a formality but a relative and moral right of the woman. The woman is entitled to any property given to her under the will. She can give or sell this property to any party she wishes to. 

A women’s livelihood is the duty of the husband. If there is property in husband’s name then the wife has full right to use the property under the law. This is neither a formality nor pity but a proper relative right of the wife. And now the property and possessions will not only be given to other will holders but to the wife. 

This decision has come with the case of Jupudi Pardha Sarathi’s appeal who bought the house from P Venkat Subba’s son. Subba had three wives. Subba had given one of his properties to his third wife Veeragdhawama in 1920. She had no children. She gave the property in will to Pentapati Subbaro in 1971. After Veera’s death, Subba’s second wife’s son sold the property to Sarathi. The court had given decision that it was not wrong for the women to have sold the property, as it was her right by will and it will be passed to her male will holders after her death. But Andhra Pradesh’s high court had changed the decision of Lower court fully. According to high court, this case comes under the section 14, 1. According to court, Veera had become the full owner of the property by will and she had full right to will it to P Subbarao. The Supreme Court has agreed this decision. 

Even after remarriage, her right in dead husband’s property cannot be taken away from the woman. In addition, those women whose husbands are dead will be seen as the will holder and will have their share in the property like the son and daughter of the family only. Under the law of 1956, there was no provision for the share of the daughter in the ancestral property. But this has been amended in 2005 and now the daughter and the son are both equal recipients of the share. 

Under the punishment law 1973, there are many provisions for the safety of the women. Under section 125, the husband is responsible for the livelihood of the wife. If her husband leaves her or divorces her then she is entitled to alimony by first class magistrate orders. In August 2012, the Supreme Court had given orders that the government should see to the last rites of those women who are living alone in Vrindawan. The court gave suggestion to the government that Sulab international can be asked for help, which is an institution helping people, and women who are all alone. As after their death, no one comes forward for their last rites too. 

The government gives Rs 150 pension monthly to those women whose husbands are dead or left them and they are staying alone.  

From - Nandita Jha, High Court Advocate - Delhi

Women’s Relative right to property under the Will