When A Women Dies In Estate Distribution Of Her Property
If Women Dies in Estate then Distribution of Property would be dealt with Section 15 of The Hindu Succession Act, 1956 enshrines a uniform scheme of a succession of the property of a female who dies intestate. Section 16 of the Act gives the order of succession of the heirs and is to be read along with Section 15 and provides the general rules for succession
The differentiate between the property inherited by a Hindu female and the self-acquired property is not differentiated. It provides that if the property is inherited from her husband or father-in-law, it shall go to her husband’s heirs and if the property is inherited from either of her parents; if she has no children, the property will not go to her husband or his heirs but to the heirs of her father.
Can Husband Claim Wifes Property After Her Death
In the present days if a married woman dies intestate leaving behind her self -acquired properties it is assumed that she had no issue and she was a widow at the time of her death. Her property will go to her husband’s heirs. If the mother of her husband is still alive, the deceased’s self-acquired property goes to her mother-in-law. In case, the mother-in-law is not alive, it will pass down according to the rules given in the case of a male dying intestate. In the case where the father of her deceased husband is alive, he will inherit her property, in case the father in law is also not alive then the property will go to the brother and sister of the deceased husband.
In the case where the deceased heirs in the first category fail, her property will go totally to her husband’s heirs.
Should A Hindu Female Make A Will?
It is always better to make a will. To protect her assets after death and bequeath it to persons she wishes to, otherwise, if she dies in the estate, the property might go to people whom she did not intend to bequeath it.
Distribution Of Property After Death If There Is No Will In India
IN case there is no Will in that case property would be inherited on the principle of female intestate succession. The female intestate succession is dependent on, from where the property was received her. The property of a female has been divided into three categories:
- property inherited by a female from her father or mother
- property inherited from her husband or father-in-law
- the properties which are not governed by the first two categories.
Under Section 15 and Section 16, the general rule is that the properties pass on to the children, or if children predeceased the female, or to the predeceased children’s children and the husband.
The Section Which Discusses The Fate Of The Property Of A Women Dying In Estate Is Section 15 Of The Hindu Succession Act, 1956 Women Dies in Estate Distribution of Property
The first kind of property is inherited by the heirs of her father, the second by the heirs of her husband. It is the succession procedure of the third kind of property, which revolves the self-acquired properties or those received in any other manner and provided that the female has absolute rights in that property, then under Section 15(1) a specific order, in which this property for succession is provided; The property of a Hindu female dying intestate, or without a will, shall devolve in the following order:
- upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband,
- upon the heirs of the husband.
- upon the father and mother
- upon the heirs of the father, and
- upon the heirs of the mother.
The succession laws are about the ones who are entitled to get the property and also about those who should be disentitled. Section 15(2) enshrines that property should not pass to an individual whom justice would require not to pass. Women Dies in Estate Distribution of Property
Section 15(2) of the Hindu Succession Act, 1956 gives an exception:
(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;
(How To Get Succession Certificate In India)
(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.
In the case of Omprakash and Ors. Vs. Radhacharan and Ors. (2009) 15 SCC 66, one Smt. Narayani Devi was married to Sri. Dindayal Sharma and within 3 months of their marriage, her husband passed away. Thereafter, she was asked to leave her husband’s home and she returned to her parent’s home, was educated and employed.
She passed away without preparing a will. Her mother, on her demise, filed an application for a grant of a succession certificate under Section 372 of the Indian Succession Act. The sons of her husband’s sister also filed a similar application. The Supreme Court held in this case held that her property devolves on her husband’s heirs.
There had been a proposal to amend Section 15 of the Hindu Succession Act in case a female dies intestate leaving her self-acquired property with no heirs by the law commission of India, Report: 207, 2008. This was taken for consideration by the Commission suo motu in view of the various changes in the society in modern times. Women now earn and work in equal footsteps like that of men and are owning property earned by their own skill. Thus, an ancient law as this Act is now no more enough to deal with the current scenario. Another aspect which the Commission felt important was that when amendments are made to the effect that women have been entitled to inherit property from her parental side as well as from husband’s side, it is well justified if the equal right is now given to her parental heirs along with her husband heirs to inherit her property.
Under Section 16 of the Act: Women Dies in Estate Distribution of Property
Order of succession and manner of distribution among heirs of a female Hindu are provided and can be given as follows.- 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:
Women Dies in Estate Distribution of Property
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 including in the same entry shall take simultaneously. Rule 1 states exclusively that among the heirs enumerated in entries (a) to (e) of Section 15, those referred to in prior entry are to be preferred to those in any subsequent entry and those included in the same entry are to succeed simultaneously.
Rule 2.- If any son or daughter of the intestate had predeceased 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 2 enshrines that if the children of a predeceased son or daughter, they shall not take per capita with the son and daughter of the intestate but shall take per stripes i.e. the children and the predeceased son or daughter shall succeed to the property of the intestate as if the predeceased son or daughter was alive at the time of inheritance.
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) to Section 15 shall be in the same order and according to the same rules as would have applied if the property would have been the father’s, 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. Rule 3 is applicable only when succession is in terms of entry (b), (d), or (e) of Section 15(1). It is invoked when under rule 1 the heirs of the husband or the father or the mother are to be ascertained for the purpose of distribution of property.
Author: This article was written by Richaa Mukhopadhyay, B.A. LLB(Hons), CS(executive), ALSK, ICSI, student of Amity Law School, Amity University, Kolkata.
Note: For any further information or any query you may contact us on 9855677966 or via email info@bhandarilawfirm.com
