Hindu Female Intestate

Succession
VARSHA KHANDAGALE,
ASSISTANT PROFESSOR,
ILS LAW COLLEGE
 Hindu Female Dying Intestate

 A Hindu female is said to have died intestate if she dies without making a will
which is capable of taking effect.
 A Hindu female is entitled to make will of per property by virtue of sec. 30
 The provisions are contained in sec. 15 and 16 oh Hindu Succession Act, 1956
 Sec. 14 declares that any property possessed by a hindu female as a limited
owner at the time of commencement of the Hindu Succession Act, 1956 and
thereafter shall be her absolute property which will devolve on her heirs
according to sec. 15 and 16. Only property of which she becomes limited
owner as per the provisions of a will, gift, any other instrument or as per court’s
decree/ order or award will not become her absolute property.
 So by virtue of sec. 14 the difference between stridhan and limited estate held
by a hindu female has been almost abolished.
 CLASSIFICATION OF PROPERTY

 For Purpose of succession, Property of a hindu female is divided into 3 main

categories:
 Property inherited from husband or father in law
 Property inherited from father or mother
 Any other property
 This classification is made because a female is a part of 2 families
 Her family before marriage, where she inherites property od father or mother as
a daughter
 Her family after marriage, where she inherites property of her husband as his
widow or inherited property of her father in law as a widowed daughter in law
 OTHER PROPERTY

 This would include property

 Earned by the female by her own efforts

 Receiv ed as gift from others (including the one receiv ed from father, mother, husband or father in law)

 Receiv ed under a will from others (including the one receiv ed from father, mother, husband or father in law)

 Inherited from relatives other than father, mother, husband and father in law

 Property purchased by female

 Property receiv ed at partition

 This property would devolve on following heirs according to sec. 15(1)

 Entry (a) Firstly, upon her husband and son and daughter including children of predeceased children if any

 Entry (b) Secondly, upon heirs of husband

 Entry (c) Thirdly, upon father and mother

 Entry (d) Fourthly, upon heirs of father

 Entry (e) Fifthly, upon heirs of mother

 Lastly, upon gov ernment by Escheat by section 29

 Rules for Distribution of Property

 Heirs in entry (a) will be preferred over heirs in entry (b), heirs in entry (b) will
be preferred over the ones in entry (c) and so on and so forth
 Heirs included in one entry will take the property simultaneously
 In Entry (a), Sons, daughters and husband will take the share per capita,
and children of peedeceased son or daughter will take the share per
stirpes
 In entry (c) father and mother will take the share per capita
 Heirs in entry (b), (d) and (e) will take the property as if the property is of
the husband, father or mother and they have died intestate
 PROPERTY INHERITED FROM HUSBAND
OR FATHER IN LAW

 This includes property received by a hindu female after death of her

husband or father in law by virtue of intestate succession.
 If any property is received by her from husband or father in law by will it is
not included here, but is included in other property and devolves as per
sec. 15(1)
 This property devolves on following heirs, as per sec. 15(2)(b):
 Firstly, upon son and daughter of deceased including children of predeceased
son or daughter: Here husband does not appear as a heir becaused he is
already dead.
 Secondly, upon heirs of husband ( As per sec. 8 of Hindu Succession Act, 1956)
PROPERTY INHERITED FROM FATHER OR
MOTHER

 This inlcudes property received by a female hindu by intestate succession after death of her father or mother.
 I f the property is received by a female hindu from her father or mother by w ay of gift or by w ill it is included in other
property and will devolve as per provisions of sec. 15(1)
 This property will devolve on following heirs as per sec. 15(2)(a)
 Firstly, upon husband and son and daughter of the deceased including children of predeceased son and daughter
 Secondly, upon heirs of Father

 How ever, if the female has died w ithout leaving behind her son, daughter or children of predeceased son or daughter the
property will devolve directly on the heirs of the father. I n this case, the husband ev en if aliv e, is not allowed to inherit this
property of the female.
 Case Laws for reference:
 Laxmidhar Sahoo v. Batakrushna Sahoo AIR 2005 Ori. 1

 S.R. Srinivasa v. S. Padmavathamma (2010) 5 SCC 274

 V. Dandipani Chettiar v. Balasubramanian Chettiar (2003) 6 SCC 633
 For opposite view refer: Radhika v. Aghnu Ram Mahto (1994) 4 SCALE 273
 General Provisions of Succession

 Heirs will take the property as tenants – in – common : Sec. 19

 A child in the womb at the time of death of intestate and born alive
subsequently will be entitled to inherit ghe property in the same manner as
that of a child who is actually born at the time of intestate’s death : Sec.20
 In case of simultaneous deaths, it is presumed that younger survived the
elder : Sec. 21
 Disqualifications

 A person who murders or abets murder of another is disqualified from

inheriting property of person murdered or any other property for the
succession of which murder was committed or abetted: Sec 25
 A hindu person who converts and ceases to be a hindu is not disqualified.
But the children born to him after conversion and his descendants will be
disqualified from inheriting property of hindu relative unless they were
Hindus at the time of opening of succession : Sec. 26
 Disqualification is given effect by considering the disqaulified heir to have
predeceased the intestate : Sec. 27
 Any disease, defect or deformity will not diaqualify a peraon from
inheriting the property of a hindu female : Sec. 28