Succession to the Property of a Hindu Female

taxBy Advocate S R Agarwal

Accommodation Times Bureau

The succession to the property of a Hindu may be testate or intestate  The testate succession means, where a person leaves behind a will with the instructions for the distribution of his/her property/assets after his/her death in the manner mentioned in the will.  In case of intestate succession i.e., where a person has not left behind a will, the law takes its own course and the succession to the property of a Hindu is governed by the provisions of the Hindu Succession Act, 1955.

 

In case of a Hindu female, dying intestate her property devolves, as per Section 15(1) of the said Act; firstly, upon the sons and daughters (including the children of any pre-diseased son or daughters) and the husband; secondly, upon the heirs of the husband; thirdly, upon the mother and father; fourthly upon heirs of the father; and lastly, upon the heirs of the mother.  Among the heirs so specified, those in one entry shall be preferred to those in any succeeding entry and those including in the same entry shall take simultaneously.  However, in terms of Clause No.(2) of the said Section, as clarified by the Hon’able Supreme Court of India in the case of Smt..Rajathiamal, the property inherited by a woman from her father or mother would neither pass to her husband nor the heirs of her husband, but it would revert back to the heirs of the father or the mother, as the case may be.





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