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    Female Succession

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    ayan lekhi
    Section 15 of the Hindu Succession Act 1956 deals with the succession of a female Hindu who dies intestate (without a will). It establishes the following order of heirs: [1] sons, daughters, and children of any predeceased son or daughter, [2] husband, [3] heirs of the husband, [4] mother and father, [5] heirs of the father. Property inherited from the father or mother goes to the heirs of the father. Property inherited from the husband or father-in-law goes to the heirs of the husband. Section 16 further specifies rules of distribution among these legal heirs.

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    Female Succession

    Uploaded by

    ayan lekhi
    206 views13 pages
    Section 15 of the Hindu Succession Act 1956 deals with the succession of a female Hindu who dies intestate (without a will). It establishes the following order of heirs: [1] sons, daughters, and children of any predeceased son or daughter, [2] husband, [3] heirs of the husband, [4] mother and father, [5] heirs of the father. Property inherited from the father or mother goes to the heirs of the father. Property inherited from the husband or father-in-law goes to the heirs of the husband. Section 16 further specifies rules of distribution among these legal heirs.

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    Section 15 of the Hindu Succession Act 1956 deals with the succession of a female Hindu who dies intestate (without a will). It establishes the following order of heirs: [1] sons, daughters, and children of any predeceased son or daughter, [2] husband, [3] heirs of the husband, [4] mother and father, [5] heirs of the father. Property inherited from the father or mother goes to the heirs of the father. Property inherited from the husband or father-in-law goes to the heirs of the husband. Section 16 further specifies rules of distribution among these legal heirs.

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    © All Rights Reserved
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    Download as pptx, pdf, or txt
    206 views13 pages

    Female Succession

    Uploaded by

    ayan lekhi
    Section 15 of the Hindu Succession Act 1956 deals with the succession of a female Hindu who dies intestate (without a will). It establishes the following order of heirs: [1] sons, daughters, and children of any predeceased son or daughter, [2] husband, [3] heirs of the husband, [4] mother and father, [5] heirs of the father. Property inherited from the father or mother goes to the heirs of the father. Property inherited from the husband or father-in-law goes to the heirs of the husband. Section 16 further specifies rules of distribution among these legal heirs.

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    SEC-15 AND 16 OF HINDU SUCCESSION ACT 1956

    SUCCESSION OF FEMALE HINDU DYING


    INTESTATE
    INTRODUCTION

     POSITION BEFORE 1956


     POSITION OF FEMALE UNDER 1956

     STRIDHAN

     DEVOLUTION OF PROPERTY

     SECTION-14

     SECTION-15

     SECTION-16
     Section 15 is first to enact on female succession
     Before 1956 stridhan was devolving according to
    uncodified hindu law-mitakshara/dayabhaga/custom
     The two statutes that were enacted to improve her
    conditions of life, viz, the Hindu Law of Inheritance
    (Amendment) Act 1929, and the Hindu Women's Right
    to Property Act 1937
     These statutes thus, dealt with succession to the
    property of a Hindu male intestate and securing the
    rights of the widow in case he died as an undivided
    member of a Mitakshara coparcenary, having at the
    time of his death, an interest in it
    FEMALE INTESTATE SUCCESSION
     By virtue of the provisions of s.14 of the Act, all property,
    whether movable or immovable, belonging to a female
    Hindu is held by her as full owner and not as a limited
    owner.
     The property may be acquired by her by way of inheritance,
    partition, will, gift, on marriage, own efforts, purchase, etc
     Thus, a female Hindu has absolute power to deal with her
    property and she can dispose off her property by way of a
    will, gift, etc.
     Prior to s.14 coming into effect a female Hindu did not have
    any power to dispose of her property by will. But now that
    embargo has been removed by virtue of the statutory
    provision.
    SECTION 15
    GENERAL RULES OF SUCCESSION(15-1)
     section15 applicable to the absolute property of a
    female
     Devolve Acc.To Rules In Sec.16
     Firstly-sons,daughters(children Of Predecesed
    Sons And Daughters),husband
     Secondly-upon the heirs of the husband
     Thirdly-upon the mother and father
     Fourthly-upon the heirs of the father
     Lastly-upon the heirs of the mother
    SECTION 15(2)

    a- any property inherited from her father or


    mother shall devolve upon the heirs of the
    father
    (in absence of son/daughter of
    predeceased)
    b-any property inherited from her husband or
    her father in law shall devolve upon the heirs
    of the husband
     SON:biological,adopted,legitimate as well as
    illegitimate but not step son and daughter
     All in equal proportion
     Child of first marriage and child of second
    marriage = equal
     Validity & marital status irrelevant
     Children of predeceased son and daughter
    =respective share(born out of valid marriage only)
     Widow of predeceased son not a primary heir
     husband:spouse of valid marriage
     Does not include divorced husband

     Deserted or judicial separation =entitled

     Immoral or convicted=entitled

     Husband of void and voidable =not entitled


     Mother and father=biological and adoptive
     If intestate is illegitimate =only mother entitled

     Mother and father =Equal share

     Does not include step father and step mother


    SECTION 16 OF THE ACT PROVIDES THE MANNER OF
    DISTRIBUTION OF A DECEASED FEMALE HINDU AMONG
    HER HEIRS.
     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-decease 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:
    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
    EXAMPLES

     Husband ,2 sons and 1 daughter


     Husband ,son,daughter, two children of
    predecesed daughterand illegitimate son
     Her Step son and her brother

     Brother and widow of another brother(property


    inherited from mother)
     Daughter from 1st marriage & second
    husband(property inherited from father)

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