Family Law II

Module 2
Application of the Hindu Succession Act ,
1956
Section 2 of the Act –
Who is a Hindu?
1. Hindus, including a Virashiva, a Lingayat or a follower of
the Brahmo Prarthana or Arya Samaj;
2. Buddhists, Sikhs or Jains; and
3. Any person who is not a Muslim, Christian, Parsi or Jew
by religion unless it can be proved that he cannot be
governed by the provisions of this Act;
Application of the Hindu Succession Act ,
1956
1. That the deceased was a Hindu;
2. That though he was not a Hindu; he was also not a
Muslim, Christian, Parsi or Jew, unless it can be shown
that Hindu Law cannot be applied to him;
3. That he was a Hindu and with his conduct, he has not
ousted the application of Hindu Law; and
4. That even though he was a Hindu, he may not be subject
to provisions of this Act due to application of some other
law, owing to his domicile or form of marriage.
Application of the Hindu Succession Act ,
1956
Four Tests:
1. If the person is the child of the Hindu Parents
2. If the person is the child of only one Hindu Parent;
3. If the person is a convert to the Hindu faith – Effect of a mere
renouncement;
1. An intention to convert – Bona fide intention
2. Adoption of Hindu Way of Life
4. If the person is reconvert to the Hindu faith.
Time for determination of religion:
1. Where both the parents are Hindu – time of its birth
2. Where only one parent is Hindu – after birth - the way he is brought up
3. Illegitimate Children
Application of the Hindu Succession Act ,
1956
Ousting of the Application of Hindu Law by conduct: -
1. Conversion
2. Marriage to a Non-Hindu under the Special Marriage Act,
1954 (Sec. 5 of Hindu Succession Act) – Sections 21 and
21A of the Special Marriage Act, 1954
Application of the Hindu Succession Act ,
1956
Territorial Application –
1. Hindus of Jammu & Kashmir and Ladakh – Applicable;
2. Hindus of Goa, Daman, Diu and Renocants of Puducherry – Not
Applicable; Portuguese Civil Code, 1867 & French Civil Code, 1804;
3. Hindus of Dadra and Nagar Haveli and Puducherry – Applicable;
4. Scheduled Tribes – Art. 342 of the Constitution;
5. Rulers of erstwhile Indian States – Applicable to private property
but not to properties descended to a single heir due to covenant or
agreement between him and GOI prior to the commencement of the
Act
Application of the Hindu Succession Act ,
1956
Overriding Effect of the Act: - (Section 4)
This Section abrogates all customs, usages or rules that were in
force before the commencement of this Act and are contradictory
to any provision that has been provided under the Act.
Application to the Property of a Transgender –
The Transgender Persons (Protection of Rights) Act, 2019 is
silent on inheritance rights. Hence, they are governed by the
customary practices followed by their society.
Sweety (Eunuch) v. General Public (AIR 2016 HP 148)
Application of the Hindu Succession Act ,
1956
Effect of disowning a person : -
Inheritance rights cannot be ousted by a mere declaration of
the intestate unless the declaration is in the nature of a
validly executed will.
Raman Khanna v. Sham Kishore Khanna (AIR 2009 HP 42) –
Notice or the disclaimer of relationship cannot disinherit any
statutory heir as such notice or disclaimer has no legal value
and cannot override succession rules.
Application of the Hindu Succession Act ,
1956
Succession & Effect of Mutation : - Sometimes, property is
mutated in the name of one person with the consent of other
heirs for the purpose of payment of taxes or other statutory
liabilities before actual division takes place. Such mutation
does not have any effect on the succession or inheritance
rights.
H. Lakshmaiah Reddy v. L Venkatesh Reddy (AIR 2015 SC 2499)
Dayal Singh v. Hira Singh (AIR 2011 P& H 17)
Application of the Hindu Succession Act ,
1956
Rules of inheritance are not applicable –
Ex-gratia Payments –
Ganny Kaur v. State of NCT of Delhi (AIR 2007 Del 27)
Pension –
Nitu v. Sheela Rani (AIR 2016 SC 4552)
Insurance Policies –
Khushboo Gupta v. The Life Insurance Corporation of India 2019
(4) Pat LJR 885
Succession – Male Intestate
Succession is of two types –
1. Testamentary Succession –
 Where succession is governed by testament or will;
 Hindu male or female can make a will of his/her property
including the share in the undivided Mitakshara Coparcenary in
favor of anyone (subject to Indian Succession Act);
 Will should be valid and capable of taking effect under the law;
 the person who makes a will is called as testator or testatrix, the
one in whose favor it is made is called as legatee or beneficiary and
the whole process is called as testamentary succession
2. Intestate Succession
Succession – Male Intestate
Succession is of two types –
1. Intestate Succession – If a person dies, leaving behind any
property but no will or testament, his property will be
distributed as per inheritance rules or intestate succession;
2. The person who dies without making a will is called as
“intestate”, those who are entitled to get a share in his
property are called as his “heirs” and the whole process is
called as “intestate succession”.
Succession – Male Intestate
Property subject to Intestate Succession: - The first condition is that the
property should not have been disposed of by him under Will or Testament.
Then such property would be devolved as per Section 8 of the Hindu
Succession Act, 1956.
This Succession will be applicable to below properties –
1. Separate or self-acquired property;
2. Undivided share of a male Hindu in Dayabhaga Joint Family Property;
3. Property held by a sole surviving coparcener;
4. Share obtained on partition;
5. Undivided Share in Mitakshara Coparcenary;
6. Interest in Tarvad, Tavazhi, Kutumba, Kavaru or Illom
Succession – Male Intestate
1. Section 8 applies where succession opens after the commencement
of this Act i.e. when the death of the male Hindu occurs after the
commencement of the Act.
2. However, sometimes, it does not require that the death of the male
Hindu should be after the commencement of the Act;
3. E.g. Where a male Hindu settles his property on his wife for her life
and after her death to his daughter again for her life – He dies in
1933, wife dies in 1945, the daughter dies in 1968. On death of
daughter, the succession opens and the property would devolve as
per Section 8.
4. E.g. If the owner of a self-acquired property dies during the
pendency of a suit involving his property, again the succession will
be carried out as per Section 8.
Succession – Male Intestate
Classification of Heirs: - The heirs of a Hindu male are divided into four
categories –
1. Class I heirs;
2. Class II heirs;
3. Class III heirs or Agnates;
4. Class IV heirs or Cognates
The rules of Propinquity under Mitakshara and Religious Efficiency under
Dayabhaga are revoked by the Act. Earlier, the heirs were only limited to 14
degrees.
Presently, the heirs are included on the basis of natural love and affection or
nearness in relationship. They include blood relations as well as those female
relations who are introduced in the family by marriage.
Succession – Male Intestate
Rules for devolution of property: -
1. On the death of the intestate, property devolves in the first
instance on Class I heirs.
2. As long as, even a single Class I heir is present, it will not
devolve on Class II heirs.
3. Class I has currently 16 heirs (11 females, 5 males). Till 2005,
this class had 12 heirs (8 females, 4 males).
4. Those in Class I shall take simultaneously and to the exclusion
of all other heirs.
5. When none of the Class I heirs are present, property would
pass on to Class II heirs.
Succession – Male Intestate
Rules for devolution of property: -
6. Class II heirs comprises of nine separate entries. The prior entry excludes
the latter.
7. In each entry, all heirs would take the property in equal shares. Those in
the first entry in Class II shall be preferred to those in the second entry;
those in the second entry shall be preferred to those in the third entry;
and so on in succession.
8. In absence of Class II heirs, property would pass on to Class III heirs.
9. Class III contains all blood or adoptive relatives of intestate related to
him through chain of male relatives only, called as Agnates.
10. Where none of Class III heirs or Agnates are present, property would
devolve on Class IV heirs.
Succession – Male Intestate
Rules for devolution of property: -
11. Class IV contains all relatives of intestate related to him called
as Cognates.
12. One person is said to be a “cognate” of another if the two are
related by blood or adoption but not wholly through males.
13. In absence of all heirs mentioned in Classes I to IV, any person
who can trace his/her blood to deceased, howsoever distant
may be, would be eligible to inherit the property. There is no
limitation on the degree under the Act.
Succession – Male Intestate
Class I heirs – 11 females, 5 males
All of these heirs take simultaneously and presence of any
one of them would prevent the property from going to Class
II category.
All Class I heirs take the property absolutely and exclusively
as their separate property and no person can claim a right by
birth in this inherited property.
Once the property vests in an heir or heiress, he/she cannot
be divested of it subsequently by their remarriage or
conversion etc.
Succession – Male Intestate
1. Mother (M); 10. Son of a predeceased son (SS);
2. Widow (W); 11. Son of a predeceased son of a
predeceased son (SSS);
3. Daughter (D);
12. Son of a predeceased daughter (DS);
4. Daughter of a predeceased son (SD);
13. Daughter of a predeceased daughter
5. Widow of a predeceased son (SW); of a predeceased daughter (DDD);
6. Daughter of a predeceased daughter 14. Son of a predeceased daughter of a
(DD); predeceased daughter (DDS);
7. Daughter of a predeceased son of a 15. Daughter of a predeceased daughter
predeceased son (SSD); of a predeceased son (SDD);
8. Widow of a predeceased son of a 16. Daughter of a predeceased son of a
predeceased son (SSW); predeceased daughter (DSD);
9. Son (S);
 Succession – Male Intestate
M
A W

(S) SW S D (D)

SD SS (S D) (S S) SSW DD DS (DS) (DD)

SDD SS S SSD DSD DDD D DS

Succession – Male Intestate
Mother: -
Mother includes biological as well as adoptive mother but does not
include step mother.
If biological mother gives a son in adoption, she ceases to be his
mother and would not be entitled to inherit from him on his death.
Marital status of Mother at the time of birth or death is
irrelevant. Whether her marriage was valid, void or voidable does
not matter.
If a single Hindu woman adopts a child, she would inherit from
him on his demise.
Succession – Male Intestate
Mother: -
The conduct of the mother is totally irrelevant for determining the
eligibility of the mother to inherit the property.
Re-marriage, live-in relationships or conversion does not impact her
eligibility to inherit the property.
Widow: -
The widow of an intestate takes a share equal to that of a son.
If there is more than one widow (married through valid marriage), all
of them collectively take one share equal to the share of the son and
divide it equally amongst them, taking it as tenants-in-common.
Succession – Male Intestate
Widow refers to the spouse of the valid marriage, which means this marriage should
have been solemnized validly, according to the law and should conform to the legal
requirements as well.
Widow does not include divorced wife but includes a wife who is living separately from
her husband due to decree of judicial separation.
Pendency of suit of divorce is not equivalent to decree of divorce.
The moral character or faithfulness of wife are not relevant for her eligibility to
inherit from her husband.
Daljit Kaur v. Amarjit Kaur (AIR 2009 P&H 118)
Krishnamma v. P Subrahymayam Reddy (AIR 2008(NOC) 482 (AP))
In case of voidable marriage, wife is entitled to inherit.
Santosh Popat Chavan v. Sulochana Rajiv (AIR 2016 Bom 29) – Missing Husband
Succession – Male Intestate
Daughter: -
Daughter includes natural born and adopted daughter but not
step daughter or illegitimate daughter.
Daughter born of a void or voidable marriage (where decree
of nullity is obtained) is considered legitimate child and
would inherit the property of her father.
There is no distinction between married and unmarried
daughter. Her marital status, chastity or her financial status is
of no consequence.
Succession – Male Intestate
Daughter: - ST – Attempted Ouster of daughters
Bahadur v. Bratiya (AIR 2016 HP 58)
Pradeep Chand Sharma v. Budhi Devi (AIR 2017 HP 73)
Present Judicial Approach -
1. Where a plea is raised that as per the custom prevailing in
their community, daughters are not entitled to inherit the
property of their fathers, the burden of proof with respect to
the existence of such custom would not be on the daughter but
would be on the sons/brothers/collaterals who plead such
custom the in their community.
Succession – Male Intestate
2. Both the existence and adherence to the custom must be proved to
the satisfaction of the court. Absence to do that would lead to
dismissal of such a plea.
3. In light of the constitutional provisions and goals of gender parity,
unless such proof is very strong, daughters cannot be deprived of
the inheritance from their fathers.
4. Whenever a customary law is pleaded that is in derogation with the
statutory law, it cannot be given effect to unless it is protected by
the statutory law itself. If the succession opens after the
commencement of the Hindu Succession Act, 1956, a plea that
amongst the Gond community, daughters are excluded from the
property of their father would be dismissed. The daughters would
be entitled to inherit the property of the father and a declaration of
title to that effect.
Succession – Male Intestate
Son: - Son includes natural born as well as adopted son. But
does not include step son or illegitimate son. Son does not
include a grandson but includes a posthumous son.
Saheb Reddy v. Sharanappa (AIR 2013 Kant 152) – Son adopted
after death of husband
Kalindi Damordar Garde v. Manohar Laxman Kulkarni (AIR
2020 SC 810) – Adopted father
Children born to a married woman from illicit relationship are
not entitled to inherit.
Succession – Male Intestate
Son born of a void or voidable marriage (where decree of
nullity is obtained) is considered legitimate child and would
inherit the property of his father.
The Act does not differentiate between a good son and a bad
son, divided son and undivided son.
Children born out of Live-in Relationship: -
Babulal v. Natthi Bai (AIR 2013 MP 134)
Mohan Singh v. Rajni Kant (AIR 2010 SC 2933)
Succession – Male Intestate
Sons & Daughters of a Predeceased Son: -
Where a son of an intestate dies during the lifetime of the
intestate, his children, naturally born and adopted but
legitimate, would be entitled to step into his shoes and they
would take such a share with their mother (if she is also
entitled to inherit) that would have come to their father and
would divide it equally amongst them.
The expressions son and daughter of a predeceased son and
not grandsons and granddaughters, which means that their
turn to inherit will only come when their father is dead.
Succession – Male Intestate
Sons & Daughters of a Predeceased Son where the parents or
grandparents had void or voidable marriage: -
Not only the sons and daughters of the predeceased son
should be legitimate but their father should also have been
legitimate.
If a father was born out of void or voidable marriage (which
was annulled subsequently), he would be entitled to inherit
the property of his parents, but on his death, his children
would not inherit property of their grandfather.
Succession – Male Intestate

A W1 A W2
(S)
W1 (S) W2

SS SD
SS SD
Succession – Male Intestate
Son & Daughter of a Predeceased Daughter:
Where a daughter of an intestate dies during the lifetime of the
intestate, her children, naturally born and adopted but legitimate,
would be entitled to step into her shoes and they would take such a
share that would have come to their mother and would divide it
equally amongst them.
The marital status of the children or their moral character would
not impact their succession rights.
Where either these children or their mother was born of a void or
voidable marriage, they would not be entitled to inherit the
property of the maternal grandfather.
Succession – Male Intestate
Son & Daughter of a Predeceased Son of a Predeceased Son:
Where during the lifetime of the estate, his son and son of
such son dies, leaving behind children, such children are class
I heirs and succeed to his property.
Such children and their ascendents should be the progeny and
parties to a valid marriage.
Succession – Male Intestate
Widow of a predeceased son –
In order to inherit the property of her deceased father –in-law, she
must be a widow on the date the succession opens.
If she remarries before the succession opens, she would no longer
be widow of his son and will be disqualified from inheriting his
property.
The widow does not include divorced wife, but includes deserted
wife or judicially separated wife.
A widow of an illegitimate son or a son born of void or voidable
marriage that has been annulled is not entitled to inherit the
property of the intestate.
Succession – Male Intestate
Widow of a predeceased son of a predeceased son –
Her chastity and financial situation is irrelevant but her
remarriage before the opening of the succession would
operate as a disqualification.
Sons and Daughters of a Predeceased daughter of a
Predeceased daughter: -
The relationship of the intestate with the daughter and her
children and her grandchildren should be through legitimate
kinship or through adoption.
Succession – Male Intestate
Daughter of a Predeceased son of a Predeceased daughter: -
Where a daughter and her son die during the lifetime of the
intestate, the daughter of such son is Class I heir. After 2005,
even though such daughter is made Class I heir, her brother is
still Class II heir.
Daughter of a Predeceased daughter of a Predeceased son: -
Where a son and his daughter die during the lifetime of the
intestate, the daughter of such son’s daughter is Class I heir.
After 2005, even though such daughter is made Class I heir,
her brother is still Class II heir.
Succession – Male Intestate
Rules for Distribution of the Property:-
(i) The share of each son and daughter and of the mother is
equal.
(ii) The widow of the intestate takes one share, and if there
is more than one widow, all of them collectively, will take
one share, i.e., a share equal to the share of the son, and
will divide it equally amongst them.
(iii) A predeceased son, who is survived by a son, daughter or
a widow, is to be allotted a share equal to the share of a
living son.
Succession – Male Intestate
iv. Out of such share allocated to the branch of this predeceased son,
his widow (or widows together) and each living son and daughter
will take equal portions with respect to each other and the branch
of any predeceased son will also get an equal portion.
v. The rules applicable to the branch of a predeceased son of a
predeceased son, are the same, viz., the sons, daughters and the
widow or (widows together), will get equal portions.
vi. A predeceased daughter, who is survived by a son or a daughter, is
to be allotted a share equal to that of a living daughter.
vii. Such share will be taken equally by the sons and daughters of the
predeceased daughter.
Succession – Male Intestate
Class II Heirs –
As long as a single heir is present from Class I, the property
does not pass to Class II heir.
This class has 19 heirs – 10 male & 9 female grouped in nine
sub-categories.
The heir in the first sub-category exclude those from the
second sub-category and so on.
All the heirs of one category take the property in equal
shares .
Succession – Male Intestate
Class II Heirs – (Brother & Sister does not include Uterine
blood)
I. Father
II. SDS; SDD; Brother; Sister
III. DSS; DSD; DDS; DDD
IV. Brother’s Son; Sister’s Son; Brother’s Daughter; Sister’s
Daughter
V. Father’s Father; Father’s Mother
VI. Father’s Widow; Brother’s Widow
VII. Father’s Brother; Father’s Sister
VIII. Mother’s Father; Mother’s Mother
IX. Mother’s Brother; Mother’s Sister
Succession – Male Intestate
Full Blood; Half Blood; Uterine Blood
Children of void or voidable marriages
Per stirps (Latin for "by branch") is a method where each
branch of the family receives an equal share of the estate. If a
beneficiary in a branch predeceases the intestate, their share
is divided equally among their descendants. This way, the
share of a deceased beneficiary passes down to their heirs.
Per capita (Latin for "by head") is a method where each
surviving descendant receives an equal share of the estate. If
a beneficiary predeceases the intestate, their share is equally
distributed among the remaining beneficiaries. This way, the
estate is divided equally among all living members without
regard to branches of the family.
Succession – Male Intestate
• Assume a grandparent's estate is to be divided among
their three children, A, B, and C. If B predeceases the
grandparent and B has two children (B1 and B2), here’s
how the distribution would work:
• Per stirps: A, C, and B's children (B1 and B2) each
receive an equal share. So, A and C each get 1/3 of the
estate, and B1 and B2 each get 1/6 of the estate (B's 1/3
share is equally divided between B's children).
• Per capita: The estate is divided equally among the
surviving descendants. So, A, C, B1, and B2 each get 1/4
of the estate.
Succession – Male Intestate
• Class III heirs – Agnates
• Anagnate is a person who is related to intestate only
through male relatives.
• Agnates can be direct descendants, direct ascendants or
collaterals.
• There
is no limitation on the degree an Agnate may be
removed from the intestate.
Succession – Male Intestate
• Rules of preference among Agnates: -
• 1. Each generation is called a degree.
• 2. The starting or the first degree is intestate himself.
• 3. Degrees of ascent means in the ancestral or upwards direction.
• 4. Degrees of descent means in the descendant or downwards
direction.
• 5. Where an heir has both ascent and descent degrees, each of
them has to be seen separately and not cumulatively.
• 6. An agnate who has only descent degrees is preferred over the
one who has only ascent degrees.
• 7. Where two agnates have ascent and descent degrees, the one
with fewer ascent degrees will be preferred.
Succession – Male Intestate
• Cognates: -
• This broad category includes the rest of the heirs of the
intestate.
•A cognate is a relative who was related to the intestate
through a chain of mixed relatives.
• Itis not a whole male chain, as even if a single female
intervenes, it will become cognatic chain.
• Therules for computation of degrees and calculation of
degrees of ascent and descent and the order of preference
among cognates is same as that of agnates.
Succession – Female Intestate
Historical Background: -
▪ In the Vedic age, there was a marked difference between the right of
women to hold the property. She could hold property but the
quantum compared to men was meagre.
▪ Also, her right to dispose of the property was qualified. The
transactions made by women had no validity unless they were
sanctioned by her husband or in his absence her son.
▪ Before Hindu Women’s Right to Property Act, 1937 was passed, her
property comprised of “Stridhan” and “Non-Stridhan”.
▪ Stridhan comprised of property received by way of gifts and
presents given to woman by her parents, husband, close relatives
etc. received at the time of marriage or other ceremonies.
▪ Non-Stridhan comprised of what woman inherited from a male or
female relation or property received at the time of partition.
Succession – Female Intestate
Historical Background: -
• There is a further division in Stridhan – Saudayika & Non-
Saudayika.
• Saudayika includes gifts, presents or property received by way of
bequests from parents and other relations. She had absolute power
of alienation over Saudayika Stridhan regardless of her marital
status.
• Non-Saudayika Stridhan included property received from non-
relations. Husband’s consent was necessary before a woman can
transfer this kind of Stridhan.
• Non-Stridhan property – She was a limited owner of the property.
The limitation was on the power of disposal and inability to
transmit this estate to her own heirs. However, she had full powers
to enjoy it and appropriate the income coming out of it. She could
not transfer such property except in the case of need or for
performance of indispensable religious and charitable purposes
including spiritual benefit for her husband.
Succession – Female Intestate
Hindu Women's Right to Property Act, 1937: -
The Hindu Women's Rights to Property Act was passed in 1937
and was amended in 1938.
It was prospective in application and applied to property other
than agricultural property and impartible estates, which either
under a custom or otherwise, went to a single heir.
It applied to Hindus governed by the Mitakshara, Dayabhaga and
customary law of Punjab but not where the death of an undivided
coparcener took place prior to 1937.
Section 2 of the Act expressly repealed the pre-Act customs and
rules of laws that were contrary to the provisions of this Act. The
Act stated in the preamble, that it was expedient to amend the
Hindu law in order to give better rights to women with respect to
property.
Succession – Female Intestate
Hindu Women's Right to Property Act, 1937: -
Section 3 provided:
(1) When a Hindu governed by the Dayabhaga school of Hindu
law dies intestate leaving any property, and a Hindu governed
by any other school of Hindu law or by customary law dies
intestate, leaving separate property, his widow, or if there is
more than one widows, all his widows together, shall subject to
the provisions of sub section (3), be entitled in respect of
property in respect of which he dies intestate subject to the
same share as a son.
(2) Provided that the widow of a son shall inherit in like manner
as a son if there is no son surviving and shall inherit in like
manner as a son's son if there is no surviving son of such
predeceased son. Provided further that the same provisions
shall apply mutatis mutandis, to the widow of a predeceased
son of a predeceased son.
Succession – Female Intestate
Hindu Women's Right to Property Act, 1937: -
Section 3 provided:
(2) When a Hindu governed by any school of Hindu law
other than the Dayabhaga school or by customary law dies
having at the time of his death an interest in a Hindu joint
family property, his widow shall subject to the provisions of
sub-section (3) have in the property the same interest as he
himself had.
(3) Any interest devolving on a Hindu widow under the
provisions of this section shall be the limited interest known
as a women's estate, provided however, that she will have the
same right of claiming partition as a male owner.
Succession – Female Intestate
Hindu Women's Right to Property Act, 1937: -
Section 3 provided:
(4) The provisions of this section shall not apply to an estate
which by a customary or other rule of succession, or by the
terms of the grant applicable thereto, descend to a single heir,
or to any property to which the Indian Succession Act, 1925,
applies.
Succession – Female Intestate
Limited Ownership Converted into Full Ownership under the
Hindu Succession Act, 1956 –
Section 14 of the present Act, converted the limited ownership
into a full-fledged ownership and also ended the confusion and
controversy regarding the exact share that the widow took on the
death of her husband as an undivided member in the Mitakshara
coparcenary. Presently, she inherits the separate property of her
husband as his primary heir, and the quantum of her share and the
nature of her estate are absolutely identical to that of the son.
From the undivided share of the deceased husband in the
Mitakshara coparcenary, her presence defeats the application of
the doctrine of survivorship over his undivided share and prevents
it from going to the surviving coparceners. The share of the
deceased husband is ascertained by means of a notional partition
and she inherits his share as his class-1 heir, taking it as an
absolute owner.
Succession – Female Intestate
Hindu Succession Act, 1956 –
For widows who, on the date of the passing of the Act, were
in possession of the property as limited owners, it was
provided that henceforth, they would hold these estates as full
owners thereof. Section 14 provided:

Property of a female Hindu to be her absolute property. Any

property possessed by a female Hindu, whether acquired
before or after the commencement of this Act, shall be held
by her as full owner thereof and not as a limited owner.
Succession – Female Intestate
Hindu Succession Act, 1956 –
Explanation. In this sub-section, Property includes both
movable and immovable property acquired by a female Hindu
by inheritance or devise, or at a partition or in lieu of
maintenance or arrears of maintenance or by gift from any
person, whether a relative or not, before, at or after her
marriage or by her own skill or exertion, or by purchase or by
prescription or in any other manner whatsoever and also any
such property held by her as stridhan immediately before the
commencements of this Act.
Succession – Female Intestate
Hindu Succession Act, 1956 –
Section 15: - Succession to the property of a female intestate
This section applies to: -
1) Property that a woman holds as an absolute owner,
irrespective of the mode of its acquisition. It would
include movable or immovable properties but would not
include any property to which the Act does not apply;
2) The term property would include an undivided interest in
a Mitakshara Coparcenary in which a female was a
coparcener who dies leaving behind her son, daughter or
children of a predeceased son and or daughter.
Succession – Female Intestate
Scheme of Succession – The Act provides three sets of heir
depending on the source of acquisition of property of a
female. Her property is divided into -
a) Property inherited from her parents;
b) Property inherited from her husband or her father-in-
law;
c) Any other property or general property
Succession – Female Intestate
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 her
father-in-law. The term used is "inherited" and "general
property" will include the property that she might have
received from these relations through any other device, such
as a gift, Will or a settlement, or even through a transfer for
consideration. It will also cover properties that were her self-
acquisitions or were received from any other source
whatsoever, including a gift received from a friend or a
relative, or property inherited from any other relation.
Property that a woman inherits from her brother, in the
capacity of his sister, or from her husband's brother as his
brother's widow, would be her general property and would go
under this section.
Succession – Female Intestate
Succession to general property – Section 15 provides:
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
predeceased son or daughter) and the husband;
(b) secondly, upon the heirs of her 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 these five categories, the former excluding
the later. So long as a single heir in the prior category is present, the
property will not go to the next category.
Succession – Female Intestate
1. Son and Daughter: - These terms 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. The son and
daughter may have been born to an unwed mother or
adopted by a single woman or born from different
husbands, yet they would still inherit together. Where the
mother was a party to a void or voidable marriage which
was annulled later, her children born to her from such
marriage would be legitimate and entitled to inherit from
her. The son and daughter inherit together and take the
property in equal shares. Daughter does not include
daughter-in-law.
Succession – Female Intestate
2. Children of predeceased son and daughter: - In order to be
eligible for inheritance, such grandchildren must be legitimate
offsprings of their parents and born out of a valid marriage
between them. Similarly, their deceased parents must also be
legitimate and born out of a valid marriage. Children of
predeceased son and daughter will also be disqualified from
inheriting the property of the intestate , if before their birth,
their parent (Child of A) had ceased to be a Hindu by
converting to any other religion.
3. Husband: - It refers to the spouse of a valid marriage which
had come to an end with the death of the intestate. It does not
include a divorced 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’s immoral or even
criminal conduct does not stand in his way of inheriting the
property, unless he commits her murder.
Succession – Female Intestate
3. Husband: - The husband who has been a party of a void
marriage does not inherit from his wife, but where the
marriage is voidable, he inherits even if a petition praying
for a decree of nullity is pending in the court. But if the
marriage is declared nullity and the woman dies after such
pronouncement, then he cannot inherit from her.
Case Laws: -
 Anima Das v. Samresh Majumdar – AIR 2018 Gau 114 – post
marriage husband did not look after the wife at all – BSNL
 National Insurance Company Limited v. Maniben – if wife died due
to an accident caused by husband, he would not be entitled to the
compensation received from the insurance company.
Succession – Female Intestate
Rules for calculation of shares: -
1. Each surviving son and daughter and the husband takes
one share.
2. Where a son or daughter had predeceased the intestate,
but is survived by a child, his or her branch has to be
allotted a share.
3. Each surviving grandchild takes the share of the deceased
parent and if there is more than one, they will divide the
property equally amongst themselves.
Succession – Female Intestate
Examples: -
1. A Hindu female, W dies and is survived by her husband,
H, two sons S1 and S2 and a daughter D.
2. A Hindu female, W dies and is survived by her husband,
H, a living son S, an unmarried daughter D, two children
S1 and S2 of a predeceased daughter D2 and an
illegitimate son S3.
Succession – Female Intestate
4. Heirs of Husband: - The second category comprises the
entire group of heirs of the husband of the intestate
howsoever remote they may be. This group is preferred to
the intestate’s own parents, whose turn to inherit comes
only when none of the heirs of the husband is present.
When a woman marries more than once, the expression
“heirs of husband” refers to the heirs of her last husband.
Case Laws: -
Debabrata Mondal v. State of WB (AIR 2008 Cal 13)
Omprakash v. Radhacharan 2009 (7) Scale 51
Succession – Female Intestate
5. Mother and Father: - The mother and father of the female
intestate are placed on equal footing here and inherit together
when none of the children, grandchildren , widower or the
entire group of the husband’s heirs are present. Mother and
Father would include biological or adoptive parents but does
not include a stepfather or a stepmother, but they would
nevertheless be entitled to inherit as an heir of the mother or
heir of the father. Where the marriage of the parents is void
or voidable which is subsequently annulled by the court, the
parents inherit from such children. Where the intestate was
an illegitimate child, only the mother would inherit and not
the putative father.
Succession – Female Intestate
6. Heirs of the Father: - On the failure of the heirs specified
in first three categories, the property will go to the heirs of
the father of the intestate. It will include her brothers and
sisters including half blood brothers and sisters and their
descendants, grandparents and other natal relations.
7. Heirs of the Mother: - Where none of the above-
mentioned heirs are present, the property would go the heirs
of the mother. This category would include uterine brothers
and sisters of the deceased and their descendants.
Succession – Female Intestate
Property inherited from the Father & Mother: - Section
15(2) provides: -
Notwithstanding anything contained in sub-section(1), 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 predeceased
son or daughter) not upon other heirs referred to in sub-
section (1) in the order specified therein but upon the heirs of
her father.
• The term used by the legislature is “inherited” and not
“received” from the parents. Property received by the
daughter from her mother through a Will or a Gift would be
treated as her general property and not one that is
“inherited”.
Succession – Female Intestate
• Ifshe inherits property from her Father, sells it and out of
the proceeds of the sale purchases another property, this
property would be her 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 her husband, the property will revert to her
father’s heirs.
•A step-son is not an issue and cannot inherit the property of
a woman that she inherited from her parents.
• Anomaly of Section 15:
 Property inherited from mother – father is alive;
 Property inherited from mother – heirs of father
Succession – Female Intestate
• Property received under a Will from her father becomes her absolute
property and in the event of her death, it would not revert to her
father’s heirs but would go to her husband in the absence of her issue.
Property inherited from the Husband or Father-in-Law: - Section 15(2)
(b) provides: -
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 on the heirs of the husband.
• If a woman remarried after inheriting the property from her deceased
husband and died leaving behind issues from her second husband, she has not
died issueless and her children and second husband will succeed to the
property. But if she dies issueless, the second husband will not get anything
and the property will revert to the first husband’s heirs. Similarly, where a
woman inherited property from her second husband and died leaving behind
a son from her first husband, the son would take the property.
Succession – Female Intestate
Meaning of the term “Son and Daughter” of a deceased
female: - Whenever a term son or daughter is used in relation to
the succession of the property of a deceased, the term refers to
the legitimate progeny of the intestate unless otherwise qualified.
Section 3 of the Hindu Succession Act, 1956, the term “related” is
used as denoting “related through legitimate kinship” and in case
of a female Hindu, the children include even her illegitimate
children.
Reetu Bhadha v. Hira Kumar (AIR 2012 CHG 157)
Shashidhar Barik v. Ratnamani Barik (AIR 2014 Orissa 202)
Dhanistha Kalitha v. Ramakantha Kalitha (AIR 2003 Gau 92)
Succession – Female Intestate
Preventing the property from going by Doctrine of Escheat: -
Property inherited by a female from her husband or father-in-law,
reverts to the husband’s heirs in the absence of her issue and does
not go to any other heir. Where the property is to revert to the
heirs of the husband, but no such heir is present, should the
property to the government under the application of doctrine of
escheat i.e., failure of heirs, or should the property go to any other
heir of the deceased woman?
State of Punjab v. Balwant Singh (AIR 1991 SC 2301) – It was held
that in such cases, the property would be treated a general property. The
object behind section 15(2) was not to eliminate the other heirs specified
in Section 15(1), but to give an order of preference.