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NEW DELHI, INDIA, August 14, 2003: A long-standing controversy in favor of women has been resolved by the Supreme Court. At one time, if a Hindu married woman died intestate (that is, with no written will) or issueless (without children), her husband or father-in-law could lay claim to her estate even if such assets originated from her birth family. In a new ruling the court explained, “If a Hindu female inherited property from her father or mother, neither her husband or his heirs would get such property, but it would revert to the heirs of her own father or mother.” The controversy originated from a 30-year dispute over properties left behind by Rajathiammal who died intestate and issueless. Rajathiammal had acquired considerable properties from her maternal aunt. Her brothers and sisters laid claim to the properties left behind by their married sister. At first Rajathiammal’s brothers and sisters, who were Chettiars, lost the trial, but the initial ruling was subsequently reversed and Rajathiammal’s property reverted back to her birth family. The article further explains, “If the property is inherited from her husband or father-in-law, it would devolve upon the heirs of her husband.” In both cases it is important to keep in mind that this law applies only if the Hindu woman has died intestate or issueless.

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