| Introduction | jurisprudence |
| sections | section 14, 15 , 16 HSA |
| relevant case laws | Bhagat Ram vs Teja Singh Om Prakash vs Radha Charan |
| present problem | question related |
| conclusion | decision as per our reasoning |
In common parlance, succession means inheritance. Upon death of a person, succession follows. Female intestate means that after the death of female, who will get the property of female. As we all know that, intestate means without will property. When a male/female dies leaving behind his/ her properties, it should be distribute among legal heirs.
Section 14 of HSA, describes the property of female.
14. Property of a female Hindu to be her absolute property.—
(1) 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.
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 stridhana immediately before the commencement of this Act.
(2)Nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property.
It says that the property of female whether received by any transaction would be her’s and she has absolute right over it, she can do whatever she want. Property can be Stridhan, self acquired, gifts ,etc.
Sections 15 and 16 of the Act provide that the property of a female Hindu dying intestate shall devolve according to the rules set out in Section 16. Section 15(1)(a) provides that such devolution shall be firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband. The rule for distribution of the intestate property of a female Hindu and order of succession is provided under Section 16 of the Act according to which, the order of succession among the heirs of a female Hindu referred to in Section 15 shall be firstly, as per rule 1 thereof, among the heirs specified in sub-section (1) of Section 15 of the Act.
Section 15 HSA:
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 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.
It can be said that Section 15 is extremely discriminatory because the female’s property, even if self-acquired, is not inherited by her core heirs. Further, a Hindu female, who could succeed to an estate of another Hindu female as an heir, has a chance only after the distant relatives of the husband of the deceased female who is not even known to her.
Section 16 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 intestates 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) to 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.
Relevant Case Laws:
Bhagat Ram vs Teja Singh
facts:
One Kehar Singh owned a land measuring 280 kanals and 18 marlas in Village Antowali (now inPakistan). Smt Kirpo, widow of Kehar Singh, was allotted a different land in exchange for the land leftbehind in Pakistan.
Two sisters inherited the property from their mother. On the death of one, who died as an issueless widow, the other sister took the property as her ‘father’s heir’ and entered into an agreement to sell the same to a person X. The deceased sister’s husband’s brother challenged the validity of this sale and claimed the property as her heir under s. 15(1)(b).
issue;
whether sub-section (1) or sub-section (2) of Section 15 of the HinduSuccession Act, 1956 applies to the facts and circumstances of this case?
judgement;
The basis of inheritance of a female Hindu’s property who dies intestate would thus be the source from which such female Hindu came into possession of the property and the manner of inheritance which would decide the manner of devolution.
The Supreme Court held that since both the conditions were fulfilled, viz., she had inherited the property from one of her parents (mother) and had died issueless, the property would revert to her father’s heirs i.e., the sister in this case and the brother of her deceased husband would not be entitled to succeed.
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 the other heirs referred to in sub-section (1) in the order specified therein but upon the heirs of her father.
So, the property ‘inherited’ by a female from her parents, in absence of her issue or their children, will revert to her father’s heirs.
Hence, court held that,we have no hesitation to hold that on the facts of this case, the property would devolve after death of Santi not on the heirs of her pre-deceased husband but would devolve oh Indro. This legal principle has wrongly been decided by all the courts below including the High Court.
Om Prakash vs Radha Charan
facts:
A fifteen year old Hindu girl was thrown out of the matrimonial home after her husband died of snake bite after three months of the marriage. She took shelter with her parents, was educated by them and then took a job. Her in-laws never bothered to inquire about her, let alone look after her, and there was a complete snapping of relations.
Concededly, she was driven out of her matrimonial home immediately after the death of her husband. After that she never stayed in her matrimonial home. At her parental home, she was given education. She got an employment. She died intestate on 11.7.1996, leaving behind huge sums in various bank accounts, besides her provident fund and a substantial property.
issue;
The issue in this case was that by whom the property of Narayani shall be inherited whether by her parents or parents in law?
Will the self-acquired property of a Hindu woman dying intestate come under the scope of the term “property”, mentioned in Section 15(1) of Hindu Succession Act 1956?
judgement:
In case of a Hindu female having self-acquired property section 15(1) will apply and not section 15 (2). The first sub-section i.e., 15(1) applies on intestacy. A Hindu female can also make a will. In case, therefore, when such Hindu female dies intestate, normal rules of succession will apply.
The claim of her mother and then the brother was negatived by the Supreme Court in favour of her late husband’s brothers, i.e., the in-laws on the ground that as per the provision of the Hindu Succession Act, 1956.
It is the heirs of the husband who have a legal right to inherit the property of an issueless married Hindu woman and her parents cannot inherit in their presence.
The self-acquired property of a Hindu woman dying intestate will come under the scope of the term “property”, mentioned in Section 15(1) of Hindu Succession Act 1956. So, the self-acquired property of a Hindu woman dying intestate will be inherited by heirs of her parents in laws, if at the time of her death neither of her children nor children of pre diseased son or daughter nor husband is alive.
Present Problem;
(a) A, Hindu female was married at the age of 15 15 years to H, who died of a snake-bite three months later. Brother-in-law threw her out of matrimonial home. Parents and brothers supported her and persuaded her to study. She joined as school teacher and later got promoted as school principal, She died at age of 65 leaving behind properties with a value of 5 crores. She was survived by her younger brother-in-law Br.1 his two sons, her parents M and F and her brother B. Discuss who would get the property and what would be their shares.
(b) A Mitakshara Corparcenary of father F, his three sons and a daughter D1, who was married to DH. In 2008 she claimed partition and got her due share and unfortunately died in 2009.Discuss who would get her property and what would be their shares.
Answer: (a) The property of female will go in the hands of brother in law as per section 15 HSA (Om Prakash case), the property is self acquired not received by her parents. The whole property is belongs to Br1 and his two sons, so the share will be 1/3 each.
(b) D1 property would revert back to his father’s heir as she got the property from her father, section 15(2)(a) HSA
A, a Hindu woman died survived by her father F, mother M and husband H. She left behind a house which she purchased out of her own salary and a piece of land which she inherited from her son.Discuss who will get the property and what would be their share.What would be your answer if A was a Sunni Muslim woman?
Answer: The entire property of that female will distribute to her husband as per section 15.
if she was muslim then,
H=1/2; M=1/3; F is residuary in absence of child; so, 1/2 + 1/3 = 5/6
left portion = 1/6
So this portion will go in the hands of Residuary, i.e., Father= 1/6
Harish married Seema. Harish had a son Raghav and a daughter Rashi from his first wife and a illegitimate son Rishi. Seema had inherited a piece of land from her father. Harish suffered heart attack and died in 2010. He had left behind a self acquired property — a house. After death of Harish, Seema started a business of her own and earned 100 cr. In order to unsurp the business and property of Seema, Raghav murdered Seema in 2020. Seema survived by her mother Meera and a Brother Mohan. Calculate with reasons, shares inherited by legal heirs of Seema.
Answer: Properties are:
Land: will inherit by her mother and brother
self acquired: will inherited by Rashi as she is husband’s heir as per section 15 HSA
house of husband: will inherited by husband’s heirs, i.e., Rashi and Rishi
