Indian Legal System > Civil Laws > Family Laws > The Hindu Succession Act, 1956 > General Rules of Succession In the Case of a Female Hindu
Section 15 and 16 of the Hindu Succession Act, 1956, give general rules of succession in the case of female Hindus
Section 15: The Hindu Succession Act, 1956:
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 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 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.
Section 16: The Hindu Succession Act, 1956:
Order of succession and manner of distribution among heirs of a female Hindu.―
The order of succession among the heirs referred to in section 15 shall be, and the distribution of the intestate’s property among those heirs shall take place according to the following rules, namely:―
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-deceased 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.―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.
Section 29: The Hindu Succession Act, 1956:
Failure of heirs. (Escheat)―
If an intestate has left no heir qualified to succeed to his or her property in accordance with the provisions of this Act, such property shall devolve on the Government; and the Government shall take the property subject to all the obligations and liabilities to which an heir would have been subject.
Illustrations:
- The surviving heirs of a Hindu woman are three sons, two daughters, and the husband. Under Section 15, sons, daughters and the husband are in the first entry (a). Section 16 lays down that those in one entry shall be preferred to those in any succeeding entry, and those included in the same entry shall take simultaneously. Thus there are 6 persons satisfy the criteria of the entry. Hence property will be divided into 6 equal parts and each takes one-sixth share.
- The surviving heirs are a son, a daughter, a predeceased son’s son and a predeceased daughter’s son and another predeceased daughter’s daughter. There are 5 persons (a son, a daughter, a predeceased son’s son and a predeceased daughter’s son and another predeceased daughter’s daughter) mentioned in the first entry (a) of Section 15. Section 16 lays down that those in one entry shall be preferred to those in any succeeding entry, and those included in the same entry shall take simultaneously. Thus there are 5 persons satisfy the criteria of the entry. Hence property will be divided into 5 equal parts and each takes one-fifth share.
- The surviving heirs are a son and husband’s brother. The Son is mentioned in the first entry (a) and heirs of brother are mentioned in the second entry (b). Section 16 lays down that those in one entry shall be preferred to those in any succeeding entry. The son gets the whole estate to the exclusion of the husband’s heirs (husband’s brother).
- The surviving heirs are the husband’s brother and the mother and the father. The husband’s brother excludes the father and the mother. The husband’s heirs (husband’s brother) is mentioned in the second entry (b) and mother and father are mentioned in the third entry (c). Section 16 lays down that those in one entry shall be preferred to those in any succeeding entry. The husband’s brother excludes the father and the mother.
- The surviving heirs are mother, father and father’s mother. The mother and father are mentioned in the third entry (c) and heirs of the father (father’s mother) is mentioned in the fourth entry (d). Section 16 lays down that those in one entry shall be preferred to those in any succeeding entry. The Mother and father two take in equal share to the exclusion of the father’s mother.
- The property was inherited from father. The surviving relations are husband’s heir. No heir of the father survives the deceased. Subsection 2 Clause (a) of Section 15 lays down that 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. But in this case the father is diseased and there is no heir of him. Then Under Section 29 of the Act, if an intestate has left no heir qualified to succeed to his or her property in accordance with the provisions of this Act, such property shall devolve on the Government; and the Government shall take the property subject to all the obligations and liabilities to which an heir would have been subject. Thus the property will go to the Government by escheat and not to the heirs of the husband.
- The property was inherited from her husband. No heirs of the husband survive her. Subsection 2 Clause (b) of Section 15 lays down that 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. In this case, no heirs of the husband survive her. Then Under Section 29 of the Act, if an intestate has left no heir qualified to succeed to his or her property in accordance with the provisions of this Act, such property shall devolve on the Government; and the Government shall take the property subject to all the obligations and liabilities to which an heir would have been subject. Thus the property will go to the Government by escheat and not to persons or the heirs of the parents of the deceased.
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