Hindu succession act 1956 – if Hindu female dies without a will

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  • #4518

    rakhi jain
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    Whom does the property earned by a Hindu female go if she dies without a will

  • #4521

    The rules of succession to the property of a Hindu female if she dies intestate, i.e., without a will, are laid down in Sections 15 and 16 of the Hindu Succession Act, 1956. These sections are reproduced below. However, the brief simple explanation that will apply in most cases is as under:

    • If the female had sons and/or daughters and/or the husband living at the time of her death, then the property will be divided equally among them, each of them getting one equal share. If any particular son or daughter had died prior to the female, and if such pre-deceased son / daughter had any children, then such children will take the share of such pre-deceased son/daughter.
    • If she did not have sons and/or daughters and/or the husband living at the time of her death, then her property will devolve upon the heirs of her husband.
    • If that is also not possible, i.e., if she did not have sons and/or daughters and/or the husband living and if there are no heirs of her husband, then the property will devolve on her mother and father.

    And, so on, as laid down in Section 15 and 16 of the Hindu Succession Act which are reproduced below:

    15. General rules of succession in the case of female Hindus.—(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in Section 16,—

    (a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

    (b) secondly, upon the heirs of the husband;

    (c) thirdly, upon the mother and father;

    (d) fourthly, upon the heirs of the father; and

    (e) lastly, upon the heirs of the mother.

    (2) Notwithstanding anything contained in sub-section (1),—

    (a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter), not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and

    (b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any predeceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.”

    16. Order of succession and manner of distribution among heirs of a female Hindu.—The order of succession among the heirs referred to in Section 15 shall be, and the distribution of the intestate’s property among those heirs shall take place, according to the following rules, namely :

    Rule 1.—Among the heirs specified in sub-section (1) of Section 15, those in one entry shall be preferred to those in any succeeding entry, and those included in the same entry shall take simultaneously.

    Rule 2.—If any son or daughter of the intestate had pre-deceased the intestate leaving his or her own children alive at the time of the intestate’s death, the children of such son or daughter shall take between them the share which such son or daughter would have taken if living at the intestate’s death.

    Rule 3.—The devolution of the property of the intestate on the heirs referred to in clauses (b), (d) and (e) of sub-section (1) and in sub-section (2) of Section 15 shall be in the same order and according to the same rules as would have applied if the property had been the father’s or the mother’s or the husband’s as the case may be, and such person had died intestate in respect thereof immediately after the intestate’s death.”

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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