Can A Will Supersede The Hindu Succession Act?

A property Will is an important document which establishes the intent and wish of the person who wants to give his/her property to certain people. In the absence of a Will, that is, if the person dies intestate, the individual’s property is treated with respect to the provisions laid under the Hindu Succession Act, 1956 (HSA). For people belonging to other religions, the law with respect to their religion would come into play. For example, for Muslims, the Muslim Law of Succession is referred to. Christians and Parsis in India are governed by the Indian Succession Act, 1925. While there are rules related to each, a Will is a useful tool if an individual wants to legally override some rules laid out in these succession-related documents.

Here’s how a Will can supersede the rules of HSA.

Kavita Krishna has two self-acquired properties. However, she lives with her husband in his self-acquired home along with two daughters and wants to bequeath her properties to her daughters only. According to the HSA, if Kavita dies intestate, she cannot make the choice of handing over her assets specifically to her children. The HSA maintains that upon a Hindu woman’s death, her property will devolve upon her heirs, that is her husband and children which includes grandchildren of a pre-deceased son or daughter. In case there is no husband or children, the property moves on to the husband’s heirs. In their absence, the mother and father are the legal claimants. Next, the heirs of the father and lastly the heirs of the mother can claim a stake.

Note that property acquired by a woman from her father or father-in-law’s side is treated differently.  

In Kavita’s case, she is sure she doesn’t want her husband to claim her property after her death. Therefore, it is advisable that she should make a will because only a valid will can supersede intestate succession law as per HSA.

Another benefit of a Will is that you can alter a specific person’s share of your property, too.

Although there is no compulsion to register the Will, do it for your own convenience. However, you must execute the Will in the presence of two competent witnesses who can attest in the presence of each other.

A Will becomes all the more important if you have step children. Even if you wish to bequeath your property to them, at times it may become difficult to do so in case of intestate succession. With a will, you would be making your preference clear.