Widows and Inheritance: Legal Protections and Gaps in Different Jurisdictions

In recent years, the legal landscape surrounding inheritance rights for widows has significantly evolved. However, while the law is on their side to offer protection, widows in India continue to battle patriarchy and age-old regressive mindsets. These impediments continue to prevent widows in India to access inheritance that rightfully belongs to them, and continue to languish in a life marked with uncertainty and tribulations. 

Widows & Inheritance: The Legal Perspective!  

In India, the inheritance rights are governed by the Hindu Succession Act of 1956. Section 8 of the Act clearly states that in case of a person’s death without a legitimate will, widows become Class I heirs. This means that widows surviving the deaths of their husbands have an equal right to the deceased husband’s property, along with other Class 1 heirs, i.e. sons, daughters, and mother. 

That’s not all. Section 10 of the Act further stipulates the division of property amongst Class 1 heirs. Widows, according to Section 10, have equal rights on the property, in order to ensure that they are looked after, financially and otherwise. The law, thus, offers a well-balanced and neutral approach, eliminating any gender disparity in inheritance. 

The Impediments Faced by Widows 

While the law is in their favour, the ground reality paints a completely different picture for the state of widows in India, especially in marginalised communities. While research indicates that women are aware of the inheritance laws, they lack the understanding of specific provisions and entitlements. Furthermore, societal norms make it difficult for women to enforce their inheritance rights, and they are more likely to relinquish the same for male heirs in the family. The National Human Rights Commission is aware of these structural challenges and have issued advisories for legal aid and awareness programs for empowering widows, especially in rural and marginalised communities. 

While lack of access to information is one impediment, widows in India continue to suffer due to cultural stigmas and economic dependence on the “man of the house”. Even asserting their property rights is fraught with challenges and rebuke from other family members. Even as the law tries to make them independent, it falls short in front of a society that is adamant at seeing women as “dependent” members of the household. Furthermore, high litigation costs and a lack of institutional support only makes the legal recourse more alien and inaccessible to widows in India. 

Global Learnings to the Rescue 

To enable independence of widows in India, we certainly need gender-based sensitisation and awareness of the rights. India can borrow a leaf from its global counterparts in offer aid and institutional support to its widows. For instance, in the United States, community property states that surviving spouses retain 50% ownership of the marital property. The UK’s Intestacy Rules offer substantial inheritance rights to the surviving spouses, even in the absence of a will. 

To uplift widows in India, we certainly need widespread legal literacy, especially one that is targeted across rural and marginalised communities. The role of NGOs and legal-aid clinics can’t be overstated, especially in offering information, support, and ensuring that widows are able to claim their rightful inheritance. However, the last fight has to be fought by the widows. Don’t let the grief and loss overwhelm you completely – avail legal recourse if necessary, but ensure a future of financial independence by claiming what is rightfully yours.