Childless couples, singles: Identify heirs, write will, appoint an executor

If inherited from her father, it passes to his heirs; if from husband or father-in-law, to husband's heirs

A recent ruling by the Karnataka High Court has clarified that if a woman without children passes away, the property she inherited from her father will go to her father’s heirs.

“This judgement reiterates the position laid down in Section 15(2) of the Hindu Succession Act, 1956 (“the Act”).  It states that in the case of a Hindu woman who dies intestate (without a will), the source from which she acquired the property is fundamental to determining its devolution,” says Priyanka Desai, partner, The Fort Circle. In other words, the property’s source determines who inherits it.

A Hindu woman’s inherited property returns to its origin. “If she inherited the property from her husband or her father-in-law, it will devolve upon her husband’s heirs,” says Shashank Agarwal, advocate, Supreme Court of India.

Married woman

When a married Hindu woman with children dies intestate, her property is distributed in a specific sequence.

“Her property will be first inherited by her sons and daughters (including the children of any pre-deceased son or daughter) and her husband.  Next, it passes to her husband’s heirs, followed by her parents, and then to her father’s heirs. Finally, it goes to her mother’s heirs,” says Nikhil Varma, managing partner, MVAC Advocates & Consultants.

Ankur Mahindro, managing partner at Kred Jure, suggests that in the light of laws like Section 15(2) of the Hindu Succession Act and other such laws governing inheritance, childless families must do their estate planning carefully to ensure that their assets are distributed according to their wishes.

Childless couples with or without family

Estate planning in India for childless couples, regardless of whether they have a family or not, especially under the Hindu Succession Act, requires careful attention.

“Both partners should create individual wills to outline their wishes regarding the distribution of their assets. Be clear about who you want your property to go to. This could include family members, friends, or charitable organisations,” says Parul Khurana, associate, ASL Partners.

They should also specify how jointly owned assets should be managed if one partner passes away before the other.

“Childless couples may choose to create mutual wills. These are separate wills that mirror each other’s provisions. This ensures that both partners’ wishes are respected and that assets are distributed according to their agreed-upon plan,” says Khurana.

Childless couples should choose trusted individuals to serve as executors and trustees of their estate. They should also review the ownership of their assets and see if arrangements like joint bank accounts or property ownership suit their estate planning goals. They should also think about the effects of joint tenancy and survivorship rights, particularly if one partner passes away.

Childless singles with family

Childless singles must draft a legally binding will to ensure their assets are distributed according to their wishes. “In the absence of a will, the intestate succession laws will determine the distribution of assets, which may not align with their preferences,” says Ekta Rai, advocate, Delhi High Court

They should also appoint executors and trustees to execute the will and manage assets on behalf of the beneficiaries.

In addition, they should carefully identify their heirs and beneficiaries, taking into account both Class I and Class II heirs, according to the Hindu Succession Act. Assets may be given to family members, close friends, or charitable organisations.

Childless singles without family

Childless singles without families might find it challenging to identify clear beneficiaries for their estates. Rai advises that they should nonetheless identify their beneficiaries from friends, other individuals, or charitable organisations. They, too, should draft a will and appoint trustees, as mentioned above.

Making a will is crucial. “By making a will, you can bequeath your estate to anyone you wish to without being bound by the rules of intestacy,” says Desai.  

Estate planning is a dynamic process that should be regularly reviewed and updated to reflect changes in personal circumstances.

Finally, individuals have the flexibility to specify different beneficiaries for different parts of their estate, such as real estate, bank accounts, personal belongings, etc. and provide detailed instructions on how these should be managed.