HINDU FEMALE INTESTATE

SUCCESSION
AND
DISQUALIFICATIONS UNDER
HINDU INTESTATE SUCCESSION
 HINDU FEMALE
INTESTATE SUCCESSION
s.14: Property of a female Hindu to be her absolute property

s.15: General rule of succession in the case of female Hindus.

• The act provides for 3 different sets of heirs depending upon the source of acquisition of the
property:

1. General property – s.15(1)

2. Property inherited from her parents - s.15(2)(a)
3. Property inherited from her husband or father-in-law - s.15(2)(b)

s.16: Order of succession and manner of distribution among heirs of a female Hindu
 SUCCESSION TO GENERAL
PROPERTY
• The term ‘general property’ refers to the property of a woman other than that which was inherited by her from her
parents, husband or father-in-law.

• s.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.

• The heirs are grouped into 5 categories, the former excluding the latter.

• So long as a single heir in the prior category is present, the property will not go to the next category.
Son and Daughter:

• The terms ‘son’ and ‘daughter’ would include a woman’s biological or adopted legitimate or even illegitimate
children, but would not include a step-son or a step-daughter.

• The marital status of the mother or the validity of her marriage is of no consequence.

Children of pre-deceased Son and Daughter:

• Where a son or a daughter dies during the lifetime of their mother, leaving behind a child, such child will be
the primary heir and would inherit along with the living son or daughter of the intestate, if any.

• The relationship in case of children born of a void and voidable marriage is purely personal between the
parents and children and they are not deemed to be related to any other relative of either.

• Similarly, where the grandchildren were born of a void or a voidable marriage annulled by the court, there
again, they would not be eligible to inherit the property of the intestate.
Husband:
- Spouse of a valid marriage, which had come to an end with the death of the intestate.

• It does not include a divorced husband, but would include a husband who had deserted
the intestate or was deserted by her or was living apart from her under a decree of
judicial separation.

• The husband of a void marriage does not inherit.

• Where the marriage is voidable, he inherits, provided the matter is pending in the
court and has not been yet awarded a decree of nullity.
 RULES FOR CALCULATION
OF SHARE
• On the death of a female intestate, her property devolves on her primary heirs, in
accordance with the following rules:

i. Each surviving son and daughter and the husband take one share
ii. Where a son or daughter has predeceased the intestate, but is survived by a child,
his/her branch has to be allotted a share.
iii. Such surviving grandchild takes the share of the deceased parent and if there is more
than one, they will divide the property equally among themselves.

- s.15, s.16, 1956 Act.

s.15(1)(b). Heirs of Husband:

• the entire group of heirs of the husband of an intestate, howsoever remote they may be.

• It is presumed that the property available for succession belonged not to the deceased
female, but to her husband, and the property is distributed in accordance with the rules laid
down under s.8 to 13 of the 1956 Act, for succession to the property of a male intestate.

• When a woman marries more than once, the expression “heirs of husband” refers to the
heirs of her last husband.
s.15(1)(c). Mother and Father:

• the parents of the female intestate are placed on equal footing and inherit together
when none of the children, grandchildren, widower or the entire group of
husband’s heirs of their daughter is present.

• Include biological or adoptive parents, but exclude step parents.

• Where the intestate was an illegitimate child, only the mother would inherit, and
not the putative father.
• s.15(1)(d). Heirs of Father:

• it will be presumed that the property belonged to her father and it is he who had died on the date of her
death.

• It will include her brothers and sisters including half-blood brothers and sisters, and their descendants,
grandparents and other natal relations.

• s.15(1)(e). Heirs of Mother:

• the category would include the uterine brother or sister of the deceased and their descendants.

• It would be presumed that the property belonged to the mother of the intestate and heirs will be
ascertained as if it was she who had died.
 PROPERTY INHERITED FROM HER
PARENTS

s.15(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 in sub-section (1) in the order specified therein, but upon the heirs of the father;

- the property inherited by a female from her parents, in absence of her issue or their children, will revert to
her father’s heirs.

- the term used is ‘inherited’ and not property ‘received’ from the parents. ‘Inherit’ means to inherit as an
heir. The property received by the daughter from her parents, through a Will or Gift, would be treated as the
General property.

- where she dies issueless, i.e., she is not survived by a child or the child of such child, but her husband is
alive, even in the presence of the husband, the property will revert to her father’s heirs.
 PROPERTY INHERITED FROM HER
HUSBAND OR FATHER-IN-LAW

s.15(2): Notwithstanding anything contained in sub-section (1),

(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 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 husband.

- A woman inherits the property of her husband on his demise, as his widow. She also inherits
from his father as the widow of the predeceased son, but provided she does not remarry before the
date of the opening of succession.

- where she ‘inherits’ the property of her husband or father-in-law and dies issueless, the property
reverts to her husband’s heirs.
 DISQUALIFICATIONS
(GENERAL)

Under Classical Hindu Law:

• An heir could be excluded from inheritance on the following
grounds:
i. Mental infirmities – e.g. insanity
ii. Physical defects – e.g. lameness, blind, deaf, dumb, impotent
iii.Diseases – e.g. virulent form of leprosy
iv.Conduct – e.g. murderer, unchaste woman, sanyasi, etc.
 HINDU INHERITANCE (REMOVAL OF
DISABILITIES) ACT, 1928

As per s.2,
• No exclusion by reason of Disease, deformity or physical or mental
defect.
• A lunatic or idiot by birth excluded.
- Murder continued to be disqualified on the grounds of public policy.
- Unchastity of females continued to be a ground of disqualification.
 UNDER HINDU SUCCESSION
ACT, 1956
Remarriage of Widow:
• Generally, 5 widows entitled to succession to the property of a male intestate,
i. Intestate’s own widow
ii. His father’s widow
iii. His brother’s widow
iv. the widow of a predeceased son
v. the widow of a predeceased son of a predeceased son
• Law prior to the Hindu Succession (Amendment) Act, 2005-
Under s.24, 3 widows namely, the widow of a predeceased son, the widow of a predeceased son of a predeceased son
or widow of a brother, shall not be entitled to succeed to the property of the intestate as such widows, if on the date the
succession opens, have remarried.
• Law after the enforcement of the Hindu Succession (Amendment) Act, 2005-
s.24 has been deleted by the amending act.
Even without s.24 being on paper, the situation with respect to these widows has remained the same.
 UNDER HINDU SUCCESSION ACT, 1956

Murderer:
• s.25, 1956 Act.
• If a person commits a murder of the intestate, he cannot succeed to his property.
• ‘Nemo ex suo delicto meliorem suam conditionem facere potest’ – no one is allowed to improve his own
condition by his own wrongdoing.
• Based on public policy, equity, justice and good conscience.
• A person who commits the murder of the intestate or abets its commission, cannot inherit his property. The
commission of the murder or the abetting of the commission of the murder has the same consequence.
• In furtherance of succession – if he commits the murder, not of the intestate, but of an intermediary
between the intestate and him, and on whose death, he would become eligible to inherit, it would be a
murder, and would again disqualify him from inheriting the property of the intestate.
• The rule of disqualification, on ground of commission of murder or abetting it, is applicable to both
intestate as well as testamentary succession.
 UNDER HINDU SUCCESSION ACT, 1956

Difference of Religion:
• Under Hindu law, a person who was excommunicated (excluded) or who ceased to be a Hindu by converting
to another religion, lost the right to inherit the property of his Hindu relatives, despite the closeness of blood
relationship.
• This general rule was modified by the enactment of the Caste Disabilities (Removal) Act, 1850 [Freedom of
Religion Act, 1850]. The act was general in application and was not confined to only Hindus or Muslims.
• Therefore, a convert, irrespective of his/her religion, inherits from the Hindu estate, not because Hindu law
permits it but because of the statutory protection conferred on him/her by the 1850 Act.
• However, a convert’s descendants, born to him after such conversion, if not Hindus, will be disqualified
from inheriting the property of the intestate. For the descendants, 2 things should co-exist:
i. They should be born after the conversion.
ii. They should not be Hindus.
 UNDER HINDU SUCCESSION ACT, 1956

Disease and Defect not to disqualify

- s.28, 1956 Act

- it categorically specifies that no disease, whether curable or incurable, or defect,
whether congenital or acquired later, would disqualify a person from inheriting
the property of the intestate.
- Insanity, any other kind of physical or mental abnormality, or handicap, including
blindness or diseases like cancer, HIV AIDS or any other deadly disease, will not
have any effect on the succession rights of a person.
 CONSEQUENCE OF
DISQUALIFICATION

• The heir who is disqualified is presumed to be dead, and the

succession passes to the next heir in line, who is eligible to inherit
the property.
• s.27, 1956 Act.
• If the next heir is a representative of the disqualified heir, such heir
would also be disqualified.