Supreme Court Rules on Widow's Rights to Inheritance Under Hindu Law

Significant Ruling on Widow's Inheritance Rights

On Tuesday, the Supreme Court delivered a landmark judgment stating that under Hindu law, a woman who becomes a widow after her father-in-law's death is entitled to claim maintenance from his estate.

The bench, comprising Justices Pankaj Mithal and SVN Bhatti, ruled that the timing of the husband's death—whether before or after the father-in-law's demise—is irrelevant for granting the status of a dependent under the Hindu Adoption and Maintenance Act (HAMA) of 1956.

Justice Mithal clarified the findings, explaining that all heirs of a deceased Hindu are obligated to provide maintenance for their dependents from the assets inherited.

The court emphasized that it is unequivocally clear that a widow of the deceased son is considered a dependent under Section 21(7) of the Act and is entitled to claim maintenance under Section 22. It stated that sons or legal heirs are responsible for the maintenance of all dependents from the inherited property, meaning all individuals whom the deceased was legally and morally bound to support.

The bench noted, 'Therefore, if the widow of the son is unable to sustain herself through the property left by the deceased son, it is the duty of the father-in-law to provide for her.'

It further stated that the Act does not include provisions that absolve the father-in-law of his obligation to maintain his widow daughter-in-law, regardless of whether she became a widow before or after his death. This case arose from a family dispute concerning the estate of the late Mahendra Prasad.

Prasad passed away in December 2021. One of his sons, Ranjit Sharma, died in March 2023. Following Ranjit's death, his widow, Geeta Sharma, filed a petition in family court for maintenance from her father-in-law's estate.

Initially, the family court dismissed her petition, arguing that she was not a widow at the time of her father-in-law's death and thus did not qualify as a dependent. However, the high court overturned this decision, leading to an appeal by other family members to the Supreme Court.