Introduction
Hindu Succession Act, 1956(Act) is an act, enacted to codify the law related to the intestate succession to the property of Hindus. Section 3(g) of the Act, defines intestate, which means the person is deemed to have died in respect of property of which he has not made any testamentary disposition. Thus if a person dies without making a will it will mean he died instatate. The act also gave rights to women who otherwise were not given rights.
Applicability of Hindu Succession Act
The Hindu Succession Act is applicable to all persons who are by religion Hindu, which also includes, a Virashiava, Lingaya or followers of the Brahmo, Prarthan or Arya Samaj and also applies to Buddhist, Jain or Sikh by religion but does not apply to Muslim, Chirstian, Parsis and Jew
The object of this article
The object of this article is to shed light on the succession to the property of a Hindu female who dies intestate. While considering the succession of Hindu Female, even the succession of the Hindu male will have to be considered in some of the situations, which will be revealed when we take some illustration.
Succession to property of Female Hindu
Primarily Section 15 and 16 of the Act deals with the Succession of Female Hindu dying intestate. Section 15 deals with the general rule of succession which states as under
“Section 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.
(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 to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
(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 predeceased 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.”
General Rule of Succession of Property of Hindu Female
Thus Section 15(1) is general for succession of her property and Section 15(2) qualifies it depending upon how property is inherited by her, whether from her Father or Mother or from Husband or from Father-in-law.
If female Hindu inherited the property from her father or mother in that case in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) her property shall devolve not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of her father, even her husband is excluded from inheriting her property.
If female Hindu inherits the property from her husband or from her father-in-law, in the absence of any son or daughter of the deceased (including the children of any predeceased son or daughter) shall devolve not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.
Thus if property is not self acquired by Femal Hindu, then inheritance will depend upon from where she has inherited the property.
Order of Succession and Manner of Distribution
Section 16 of the act deals with the Order of Succession and Manner of distribution amongst heirs of the female Hindu. As per Rule 1 of Section 16, 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. This means that Sons, daughters (including the children of any pre-deceased son or daughter), and the husband are preferred over any other relatives and her property will given equally to them all.
Explanation of succession with illustration
Illustration 1
If a female Hindu dies intestate, leaving behind her two sons and one daughter and husband. Then her property will be shared equally amongst her two sons, one daughter and Husband each will get 25 % share in the property of the female dying intestate.
Illustration 2
Under Rule 2 of Section 16, the children of predeceased, children will take the share of the deceased children.
If a female Hindu dies intestate, she has two sons, one daughter and husband. Her one son died before her death, leaving behind him his wife, one daughter, and one son. So when a female Hindu died her legal heirs are one son, one daughter, her Husband. one granddaughter, and one grandson. Her daughter-in-law is not her legal heir.
The share of the legal heirs will be as (i) Her one son will get 25 % share, (ii) daughter will get 25% share,(iii) her Husband will get 25% (iv) deceased son’s share of 25 %, will be equally divided between her granddaughter and grandson, thus her grand-daughter will get 12.5 % and son will get 12.5 % share in the property.
Succession if female dies without Children or Husband
The same rule as stated in Rules 1 and 2 will be applicable for succession if a female dies without any heir in entry one of sub-section (1) of Section 15.
Illustration
Consider, a female Hindu who does not have any children and her husband predeceases her. Furthermore, suppose her Husband has one brother and one sister. The husband’s brother has died, and has two sons and a wife. In such circumstances, how the property which is inherited by the female Hindu from her husband will be devolved. This is quite complicated.
Firstly Since Female Hindu had no children or husband when she died, entry one of sub-section (1) of Section 15, will not be applicable, Since the property is inherited from her husband, entry two of sub-section (1) of Section 15 will be applicable and property will devolve to the heirs of her husband, who are the heirs of her husband
The legal heirs of the Husband will be as per Section 8 of the Hindu Succession Act, according to which firstly property has to devolve upon the relatives specified in Class I of the Schedule. If there is no heir in Class I then upon the heirs being relatives specified in Class II of the Schedule.
Class I heirs are basically son, daughter, wife, predeceased son’s son or daughter, predeceased daughter son or daughter etc. In the case under consideration non of heir of the Class I were alive when succession was opened, on the death of the Female Hindu, therefore property will devolve unto the legals heirs of Class II.
As per Section 9, heirs specified in Class I shall take simultaneously, to the exclusion of other heirs, it means that if the deceased has a legal heir in Class I, the legal heir in Class II will not get anything.
The Section 9 further states in absence of any legal heirs in Class I, the First entry in class II will be preferred over the Second entry in Class II, it means that if there are legal heirs in the First entry they will get preference over those in the Second Entry, in brief, it means that if there are legal heirs in the first entry in class II the legal heir in Second entry will not get anything.
Similarly, if there are legal heirs in the Second Entry of Class II, the legal heirs in the Third Entry of Class II will not get anything and so on.
Section 11, further states that, the distribution of the property amongst heirs in Class II of the Schedule, this Section states that the property of the intestate shall be divided equally in the respective entry.
In the present case, since the deceased Female Hindu did not have a Husband nor any children, the property will develop to the heir of the deceased husband. The deceased husband did not have any legal heirs in Class I, so property of the deceased Female Hindu will be distributed legal heir in the Class II, in class II first entry has priority over the second entry, and if there is no one in First entry then legal heirs in Second Entry get property over that of Third entry. In this case Sister is in Second Entry and brothers son is in Fourth entry, the Sister of the deceased husband will get all property to the exclusion of others.
Conclusion
This was the brief explanation of how to property of the Female Hindu who dies instate will devolve. If you have any queries you can contact me at admin@lexconsultus.com.