- Introduction –
- Succession to a person’s property opens up on the death of such person, if a person has died leaving behind a will such person’s estate will be divided in accordance with the will.
- However, it is to be noted that when a person dies intestate (without leaving a will) such person’s estate will be dealt with in accordance with the provisions laid down under the Hindu Succession Act.
- The Hindu Succession Act, 1956, governs intestate succession to the estate of a Hindu female.
- Sections 15 and Section 16 of the Hindu Succession Act lay down the order under which succession shall take place.
- Order of Succession –
- Section 15 lays down the rule in accordance with which estate of a Hindu female devolves read with provision laid down in section 16-
- firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
- secondly, upon the heirs of the husband;
- thirdly, upon the mother and father;
- fourthly, upon the heirs of the father; and
- lastly, upon the heirs of the mother.
- It is further provided that if there are no children or grandchildren (of the predeceased children) of the deceased female then her share if devolved from her parents will go to the heirs of her father
- Similarly, If property is inherited from her husband or father in law then such property in the absence of children or grandchildren (of the predeceased children) such share will go to the heirs of her husband.
- Section 15 lays down the rule in accordance with which estate of a Hindu female devolves read with provision laid down in section 16-
- Rules laid down by Section 16 –
- As per rules laid down in section 16 –
- One entry shall be preferred over the succeeding entry and all those in the same entry will take simultaneously.
- If any son or daughter of the intestate predeceases the intestate, then the children of such predeceased son or daughter shall inherit the share, which such son or daughter would have inherited had they been alive.
- 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) to 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.
- As per rules laid down in section 16 –
- Judgments
- In a matter between Jagannath Undre Vs. Yamunabai Kadam –
- Both parties to the suit were siblings, Father of the parties died intestate in the year 1944 and mother died in the year 1956
- Son got the property in his name, however it was the daughter’s argument that as per section 3(2) of Hindu Women’s Right to Property Act – A hindu’s widow shall have the same right in the joint family property as the deceased had.
- Therefore, the court held that section 14 & section 15 of the Hindu Succession Act rightfully apply to the case.
- Property of mother of the parties who died intestate will devolve as per section 15 of Hindu Succession Act.
- In a matter between Jagannath Undre Vs. Yamunabai Kadam –
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