Intestate’s Husband And Intestate’s Wife

Since the Hindu Succession Act, 1956 or the Indian Succession Act, 1925 do not contain the definition of the terms ‘widow’ and ‘widower’, the dictionary meaning of the said terms to be taken into consideration. According to Merriam Webster dictionary the meaning of ‘widow’ is a woman who has lost her spouse or partner by death and usually has not remarried and the meaning of ‘widower’ is a man who has lost his spouse or partner by death and usually has not remarried. The Hindu Succession Act, 1956 was enacted by the Parliament relating to intestate succession among Hindus. The order of succession and manner of distribution among the heirs of male Hindu who died intestate, ‘widow’ is one of the heirs of her deceased husband as per the schedule of the Hindu Succession Act, 1956 specified as Class I heir. The order of succession and manner of distribution among heirs of female Hindu who died intestate, ‘husband’ is one of the heirs of his deceased wife and nowhere in the said Act the term ‘widower’ has been stated. When the Act recognises the term ‘husband’ instead of 'widower' as one of the heirs of female Hindu who died intestate rather while the Act deals with distribution of property of a male who died intestate recognises the term ‘widow’ is one of his heirs instead of mentioning ‘wife. However, in the Indian Succession Act, 1925 the terms ‘widow’ and ‘widower’ have been stated wherever it is applicable. Hence, in order to annihilate the discrimination in terming the heirs of male and female and to bring equality and ensure the equal treatment of women guaranteed under the Constitution of India in the nature of Fundamental Rights, it is need of the hour to replace the term ‘widow’ as ‘intestate’s wife' and modify the term ‘husband’ as ‘intestate’s husband' by bringing proper amendment to the Hindu Succession Act, 1956. For demolishing the patriarchal form of law, the above correction/amendment is necessary.