A Large Percentage of Women in India are not yet aware of their Inheritance Rights Irrespective of whether you are a mother, daughter, or a female member of the family, one must learn about their inheritance rights concerning properties and assets. It is therefore crucial to learn the various inheritance laws that work in India, especially if a Written Will does not exist. This blog breaks down what happens to a mother's property and what happens when she inherits from someone else. If a Mother Passes Away Without a Will 3 Who Inherits Her Property? When a woman passes away without a written will , her property is passed down in accordance with personal and religious laws. Hindu, Sikh, Buddhist, or Jain Mothers These communities fall under the jurisdiction of the Hindu Succession Act of 1965 Who Inherits First? Her Husband, Sons, daughters, including married daughters. If these individuals pass away, then their shares are passed down to their children. What if she does not have an Immediate Family? In this case, the property is then passed down to her Husband's Heirs If there is no spouse, then the property is passed down to her parents, followed by her paternal and maternal relatives. Note*: If the Property was inherited and not purchased, then it may revert back to the original family line, if she inherits from her parents, and if she has no descendant,s then the property will revert back to her parents. Christian & Parsi Mothers These communities adhere to the Indian Succession Act of 1925. If the Mother is a Christian and Passes Away without leaving a Written Will The Property shall be evenly split between her Husband and Children If there are no offspring, then the property shall be transferred to the spouse. In case the Husband Passes away, then the next of kin (Parents, Siblings) shall inherit. If the Mother is a Parsi The law demands that the assets be equally divided between the husband and the children. In the absence of heirs, the property shall be passed down to more distant relatives, such as aunts, cousins, uncles, etc. Muslim Mothers Muslims adhere to the Muslim Personal Law (Shariat) Act, 1937. Legal Heirs receive a predefined sum of shares Sons inherit twice as much as daughters. The Husbands Inherit: 1/4 of the property if the wife leaves the children. 1/2 if there are no children at all. The remaining property is then distributed amongst other heirs, such as parents, siblings, or extended relatives, as per the Islamic Inheritance Laws. Can a Mother Inherit Property from Her Husband or Children? Indeed , as the Mother is considered a legal successor to her Husband's and her Heirs' estate. If the Husband passes away without leaving behind a written will, then the Mother and her Heirs are entitled ot receive an equal share under Hindu Law. Under Muslim Law she is to inherit a Predefined Sum of Share. Under Christian Law she is the primary heir. Daughters' Rights This also applies in reverse, daughters can also inherit their mother's property, be it married or not. What if the Mother Herself bought the Property? Self-acquired property can be defined as property that is purchased, inherited, or given to the Woman as a gift. This enables her to create a written will to decide how she wants her property to be passed down and to whom. Transfer or Gift Transfer or gift the Property to anyone she wishes to transfer it to in her lifetime. Personal Preference Distribute it based on personal preference, other than religious inheritance laws. Maintenance Rights: Mothers Have a Legal Right to Support Many People remain unaware that the Indian Law grants Mothers the right ot be financially supported by their husbands after Marriage. Their children, specifically in old age. Courts in India have frequently affirmed the ability and right of elderly parents, particularly mothers, to seek financial support under both criminal and civil law. To know more about a married woman's property rights, you can refer to this blog Why Will Writing is Important for Mothers? In the absence of a will, Inheritance disputes are bound to rise, which are the most common legal issues that occur in Indian Households. Complications that may arise when the lady dies without a will (intestate) When there are step-children or there are multiple marriages. The property was inherited rather than self-purchased. Final Thoughts: To summarise, mothers are indeed entitled to inherit property as well as pass it down as per their accord. Different religious communities have their own governing laws with respect to inheritance, and writing a will is the most effective way to ensure clarity and justice for women in legal disputes