Indian Kanoon - Search engine for Indian Law

?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 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.

5.5.As seen from the recommendations of the Joint Committee of the two Houses of Parliament, the legislative intend in introducing Section 15(2) to operate as exemption to Section 15(1) is very clear.

5.6.In the case of V.Dandapani Chettiar v. Balasubramanian Chettiar (Dead) by LRs and others reported in 2003 (4) CTC 122, the Hon'ble Supreme Court has held as follows:

?9.The above section propounds a definite and uniform scheme of succession to the property of a female Hindu who dies intestate after the commencement of the Act. This section groups the heirs of a female intestate into five categories described as Entries (a) to (e) and specified in sub- section (1). Two exceptions both of the same nature are engrafted by sub- section(2) on the otherwise uniform order of succession prescribed by sub- section (1). The two exceptions are that if the female dies without leaving any issue, then (1) in respect of property inherited by her from her father or mother, that property will devolve not according to the order laid down in the five Entries (a) to (e), but upon the heirs of the father; and (2) in respect of property inherited by her from her husband or father-in-law it will devolve not according to the order laid down in the five Entries (a) to

10.Sub-section (2) of Section 15 carves out an exception in case of a female dying intestate without leaving son, daughter or children of a pre- deceased son or daughter. In such a case, the rule prescribed is to find out the source from which she has inherited the property. If it is inherited from her father or mother, it would devolve as prescribed under Section 15(2)(a). If it is inherited by her from her husband or father-in-law, it would devolve upon the heirs of her husband under Section 15(2)(b). The clause enacts that in a case where the property is inherited by a female from her father or mother, it would devolve not upon the other heirs, but upon the heirs of her father. This would mean that if there is no son 01 daughter including the children of any pre-deceased son or daughter, then the property would devolve upon the heirs of her father. Result would be - if property is inherited by a female from her father or her mother, neither her husband or his heirs would get such property, but it would revert back to the heirs of her father.?